"Diritto romano e problemi generali del diritto". Proposta per una rilettura delle fonti
The Roman Law and the General Problems of Law. A Proposal Reread the Sources

Author(s): Giovanni Lobrano
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Society; Community; Entity(legal); Participation; Substitution/representation mandate;
Summary/Abstract: 1. The elements characterizing legal systems are the regime of the unidentified will of the community members and the concept of their unified nature. 2. According to Roman jurisprudence and historiography, only one of two existing Roman legal systems is valid-the republican legal system characterized by the participative regime and the concrete concept of the collective, u.e., unity. 3. According to contemporary legal science, there are two Roman legal systems, on of which is forgotten- again, the republican one. a. From X to XVII century, the creation of the medieval-modern Anglo-German legal took place ; it is characterized by the regime of substitution of will and the abstract concept of the same. b. In the XVIII century, there was the revolutionary collision of the two constitutional models-aristocratic and democratic - originating from Anglo-German and Roman legal models. c. The XIX century saw the "restoration" and ascribing system. 4. Using Roman law to address "general legal issues" is to propose a rereading of the sources, starting from Giuseppe Grosso and Pierangelo Catalano.

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