IUS COMMUNE EUROPAEUM – НОВИ ТЕРМИН ЗА СТАРО РЕШЕЊЕ
IUS COMMUNE EUROPAEUM – A NEW NAME FOR THE OLD SOLUTION

Summary/Abstract: The author emphasizes contribution of the Roman law to the development of the medieval ius commune, and suggests that the liaison between the two may serve as a model for unification of the European Private Law (ius commune Europaeum). The efforts to harmonize the European Private Law in the past two decades were marked by the centralist approach, and the means of the attempted harmonization were EU directives, binding international agreements, and decisions of the European Court of Justice and the European Court of Human Rights. On the contrary, the medieval ius commune successfully acted as a general legal framework for the entire Europe. However, the medieval ius commune was not a legal system in the strictest sense, but a common concept that included exchange of the ideas, experiences, arguments and legal institutes, based on the Roman Law as a shared source. In this respect, the author points out the importance of Justinian’s codification and its interpretations, especially by the glossators and commentators. Furthermore, the author analyzes the role of the law school of Bologna through the prism of the so-called Italian way of thinking (mos docendi italicus), embodied primarily in the system interpretation of original and glossed texts called „brocard“. The school of Bologna was characterized by free movement of professors and students from all over Europe, which encouraged the wide-spread influence of the Roman law.

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