GAIUS' SYSTEM OF THREE PARTITION AND MODERN LAW
GAIUS' SYSTEM OF THREE PARTITION AND MODERN LAW

Summary/Abstract: Roman jurists were pragmatic and, as such, they resolved actual cases. Thus created solutions were then applied in similar situations, which was the path for the creation of legal rules. Amongs Roman jurists, Gaius, who lived in the second century, was the most distinguished and first to notice that legal system represents a harmonius whole. Therefore, he is considered to be a creator of the first legal system. In his institutes (Institutiones) he concludes that the entire law refers eiher to persons, things or court actions (Omne ius quod utimur vel ad personas pertinet, vel ad res, vel ad actiones). This conclusion made him famous, not only among his contemporaries, but in all times. It was, indeed, a brave move to rise above generally accepted ways of thinking and making conclusions. How significant this conclusion was can be seen in the fact that this partition was accepted and served as the basis of the first Bourgeoisie codification - Napoleon's civil code (Code Civile), as well as of Austrial civil code. By means of these two first Bourgeoisie civil codes, Gaius' three-partition system became the basis for civil codifications in many other European countries, as well as of those in Northe and South America. Namely, Gaius three-partition system was by means of the reception of these civil codes introduced and accepted in many other civil codes.

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