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The Lex Rhodia de iactu was in fact a law of the customs of Rhodes and had the aim to favor the shipyards of Rhodes. The law granted a temporarily duty exemption to the ships arriving in the island after a strong storm. The text which was recently found on a column in the port of Rhodes is for sure not an ancient one and can be attributed to the recent Italian colonial occupation of the island.
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The Roman presence in the Mediterranean continued to grow until the 1st century BC and in the Principate. The Romans took note that for it there was already a widespread right (such as the Lex Rhodia) and accepted it. In this context, a particular aspect was the fight against piracy, which was also widespread and present in mare nostrum. The Roman owners themselves were not alien to ordering their servants to practice piracy, which was a source of wealth and was important for increasing the number of slaves. The first radical interventions against piracy were motivated by expansionist aims (such as the attempt for the creation of a Macedonian Empire and the expansion of the Illyrians, headed by the queen of Skodra, Teuta). Around 100 (BC) a provision was issued (known as lex de piratis, while in reality it is more correctly to be called lex de provinciis praetoriis: it envisaged a sort of actio popularis, and obliged the allies to fight piracy. It is Pompey the Great that took more drastic and definitive measures, having almost absolute power, through the plebiscite proposed by Gabinius (lex Gabinia). Pompey combined military action with political action, even envisaging forgiveness for those who had voluntarily abandoned piracy. Confirming that for the resolution of the big problems they can resort to the combination of forceful actions with far-sighted political acts.
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The relationship between associative phenomenon and the exploitation of fisheries resources on the Mediterranean coast in Ancient Rome is a fact. The historical references about the fishing tradition in our coast (not just at sea, but also in rivers and lakes) date back to Phonetician and Roman times. This demonstrates the importance of fishing activities, mainly dedicated to the own subsistence as well as to the production and the export of fish and salted fish to Rome or to other areas of the Roman Empire. The ways of regulating the access to the fishing resources are not widely known, but through some epigraphical sources – i.e. CIL II. 5929 – we can identify certain characteristics of this phenomenon and conclude that the associative form in ancient Rome has provided a special „social identity“ to the fishermen's associations.
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In the field of criminal law the Romans invented and institutionally elaborated several types of exile, each with its own legal prerequisites and consequences. Each exile might consist of a banishment to an island while in most cases this meant that a person was exclusively banned to an island. This paper will explore the role and rationale of the convict’s banishment to a specific island (with specific features) from the perspective of the punishment, the criminal policies and criminal goals that the Roman authorities achieved not solely by selection of an island, but also by confining the convict to local living conditions.
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This study aims to address an always controversial issue, such as the reception of Roman law in the set of local laws and institutions -Iura propria. In the case of the Llibre del Consolat de Mar, the present research, aims to contribute to determining the degree of reception of the Ius commune –in particular through the Justinian Roman law. Should such reception be lesser than what is usually believed, this would mean that Ius commune had not always prevailed over the customs and practices of a specific area as in the medieval western Mediterranean maritime law contained in this Llibre.
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The construction of the Romano-Germanic family law system is an interesting phenomena build around Roman law, which became a principle or a norm of thought for the European juridical thinking, and also around the law of Germanic people who colored the juridical European life and determined the process of codification. Thus, the article addresses the interesting issue of the combination process between Roman law with the law of the Germanic people, indispensable for the understanding of the Romano-Germanic family law system and for underlying the differences between this system and the common-law system. This is an important process, considering that a considerable part of the juridical systems of the world are founded around the family law system.
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The historic evolution or Roman law was in a determination relation with the factors which configure law, especially the social-political ones or the economical ones, but also those which pertain to the natural background in which Roman society evolved, thus passing from the citadel-state to the “polis” type of state and then to the universal state - the Roman empire - which would later become a model of political, military and legal organization for the entire antic world. Roman law was created in the history of the eleven centuries of existence or the Roman state which passed several stages of development, excelling in the classical age when, given the great reforms which are performed under the direct influence of the praetorian, the main legal magister, certain principles and legal institutions are created which proved to be viable across the centuries to follow, thus directly influencing the subsequent legislative activity in the modern and contemporary age in the European space.
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Through this study, we aim to highlight the novelty that the Civil Code has brought about the regulations on the legal regime of nullity. At the same time, we aim to point out the controversial and/or critical conceptual aspects of the issue and to formulate de lege ferenda proposals on the improvement of the legal regime of nullity.
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Stipulatio poenae is an institute of the Roman law corresponding to penalty clauses and liquidated damages in the countries of the Middle East. Originated in the ancient roman law, it was adopted into the Egyptian Civil Code of 1948 via French Civil Code of 1804, and the an diffused to most of the countries of the Middle East. Although initially permitted unlimited conventional penalties, the Roman (or Continental-European) law slowly restricted the contractual liberty of the parties in this regard. The institute of reduction of the conventional penalty/liquidated damages by the discretional power of judge became commonly accepted. Islamic Law, at the other hand, similarly like Common (Anglo-American) law, had negative stance on the conventional penalties. But with a more flexible approach being adopted, the development went into exactly the different direction than in the Continental-European countries. Consequently, the institutes of liquidated damages in the modern Middle Eastern and Common law legislations on one side, and their Continental-European counterparts in the form of penalty clauses on the other, are becoming more and more similar.
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Ovim sjećanjem odajemo priznanje Marku Petraku, redovitom profesoru u trajnom zvanju, dugogodišnjem predstojniku Katedre za rimsko pravo, predstojniku Zavoda za pravnu povijest i rimsko pravo Pravnoga fakulteta Sveučilišta u Zagrebu i vjernom suradniku Pravnog fakulteta Osijek, koji nas je iznenada napustio 17. siječnja 2022. godine.
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Starting with the very origin of man’s nature as a base for human rights, we suggest one of the controversial actions of ancient times, as a debate and analysis subject, respectively, Pilat of Pont’s action of „washing his hands” as a gesture of detaching himself judging-wise, and, eventually,sentencing the one whom he believed had wronged the Roman state. In this piece of writing, we will analyze, with reference to morals and religion, Pilat’s role as an official of the Roman state from a judiciary point of view. This role had to do with investing the governor with judging a case and the overall procedure he was to follow in the case of certain important procedures, to send information to the emperor who, at that time, was Tiberius Caesar Augustus. We believe that focusing on this subject may spark interest through the meth- od of analysis that we took up. We do not intend to make an analysis of the rules imposed by the canonic right and we won’t extend the analysis to all roles that Pilat had as an official either. We will limit ourselves to the judiciary aspects of Pilat of Pont’s activity in the context of Jesus’s trial. Knowing them better, we can find their utility and practical applicability in humans’ lives in society, but we can also understand the chosen subject better towards research for the writing here. Regarding the research methodology, we chose the interdisciplinary analysis, focused on empirical research, so that we can then reach conclusions that help us understand the survival of these notions over the centuries, to the present day.
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On September 13th and 14th 2021 the University of Würzburg (Germany) hosted the XVth Young Scientists Meeting on Roman Law. The following introduction sums up themes and presentations of the Meeting. A list of useful databases concerning the research on Roman Law, which was developed during our workshop, is also attached. After the introductory remarks three speakers present their essays, based on their presentation at the Meeting.
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Review of: Marek Kuryłowicz, Rzymskie prawo oraz zwyczaje grobowe i pogrzebowe. Studia i szkice. Lublin: Werset, 2020, 288 S.
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Rimsko pravo je preko srednjovjekovnog ius commune postalo pravnom tradicijom europskog kontinentalnog pravnog kruga i opći fundament modernog europskog privatnog prava. Ono predstavlja ratio scripta novog europskog pravnog uređenja. Sa svojim metodskim postavkama doprinosi ujednačavanju elemenata jedinstvene jurističke radne tehnike. Putevi izgradnje bezvremenskih rimskih pravnih principa trebaju biti putokaz u procesima harmonizacije i unifikacije europskog prava i afirmacije europskog pravnog duha u planetarnim okvirima. Rimsko pravo kao autohtona sveučilišna pravna disciplina predstavlja respektabilni znanstveni korpus. Znanstvena obrada rimskih pravnih koncepata u novom europskom modulu pravničkog studija je postavljena kao centralna ishodišna dimenzija. Rimsko pravo je postalo univerzalna znanstvena disciplina. Pravni život Europe je osebujni modificirani modus vivendi rimskih pravnih figura i instituta.
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The distinction between indiscipline and professional unfit has long preoccupied the older and newer Romanian legal doctrine and practice, which has come a long way to the clarity we enjoy today. For the Romanian legal system, this clarity was also achieved by clearly delimiting by legislation the grounds on the basis of which the employer may order disciplinary dismissal, respectively dismissal for professional unfit. Some other pragmatic legal systems, this interest in delimiting this legal basis has not been so strong, as they have relied on pragmatically resolving the shortcomings caused by the dysfunctional performance of employees without looking for deep‑rooted explanation referring to psycho‑emotional, cognitive or attitudinal aspects and conduct of employees who have committed acts that have affected the activity of the employer.
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The study presents the Roman concept of marriage as a union of spouses with the purpose of giving birth, raising and educating the children. In parallel are presented the social roles of mother and father in the Roman family and the legal framework of their status. The article shows some of the main points of promoting the birth rate increase and stabilizing the procreative function of marriage for demographic and political purposes. Some of them – and especially the protection of the interests of children, which can be a starting point for the modern development of the system for stabilizing the marriage and the family to face the social challenges of the XXI century.
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Review of: Grzegorz Nancka - Krzysztof Szczygielski, „Prawa antyczne w polskim piśmiennictwie w latach 1900—1945”, Białystok, Temida 2, 2020, 311 s.
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In the text the author analyzes the excerpt of the work of late republican lawyer Alfenus Varus on the responsibility of slaves for the actions taken on the owner’s order. Text of Alfenus is preserved in D. 44.7.20. Its interpretation indicates that the discussed question was the private liability on the ground of lex Aquilia de damno and the perpetrator was manumitted after committing the wrongful act. The rule quoted by Alfenus, that the manumitted slaves should not be released from responsibility for the actions taken on the order of their masters, could refer to liability on the ground of the private and public law.
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Myśląc o Profesorze Cezarym Kunderewiczu, w pierwszej chwili mam przed oczami starszego już mężczyznę o „bardzo, bardzo” wysokim czole, raczej średniego wzrostu, lekko przygarbionego, który niespiesznym krokiem zbliża się do „swojego” biurka w sali 25 (czyli po remoncie gmachu Collegium Iuridicum I, sala 203 na pierwszym piętrze, w której mieści się Biblioteka im. Rafała Taubenschlaga). Profesora poznałam jeszcze jako studentka, kiedy uczestniczyłam w seminarium z prawa rzymskiego prowadzonym przez prof. Henryka Kupiszewskiego i zamierzałam pisać pracę magisterską z tej dziedziny.
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Review of: Joanna KULAWIAK-CYRANKOWSKA - MACIEJ JOŃCA (RED.), PERSONAE – RES – ACTIONES. ROZMOWY O PRAWIE RZYMSKIM I HISTORII PRAWA, WYDAWNICTWO KUL, LUBLIN 2021, SS. 347 ISBN 978-83-8061-950-0
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