{"title":"Reception of Roman law","authors":"M. Zorić, Milica Župljanić","doi":"10.5937/ODITOR1901079Z","DOIUrl":null,"url":null,"abstract":"The reception of Roman law is the acquisition (reciprocation) of Roman law and its use as a positive (valid) right in Europe in the Middle Ages and the New Century. This is a unique case in history, that the legal system of a civilization applies beyond its borders and after its collapse. Roman law was thus embedded in the very foundations of modern European law, and its influence was particularly reflected in the development of civil law and civil laws of European countries in the 19th century. Roman law (ius Romanum, ius Romanorum) signifies the legal order that existed in the Roman state since its foundation (the founding of Rome in 754 BC) until the death of the Byzantine Emperor (Eastern Roman Emperor) Justinijan I in 565 AD . Justinian's codification - Corpus Iuris Civilis, a collection that was published between 529 and 534, in which all the creations and achievements of the Roman legal theory of the classical period (Roman 'classical law') were collected and preserved, is the final stage in the development of the Roman rights. In the new century (somewhat sooner rather than later), reciprocated Roman law ceased to be a positive law in Europe, and it was replaced by civil codifications (civil codes): in France, in the time of Napoleon - Code Civile (Civil Code) made 1804 , in Austria, the General Civil Code of 1811, and in Germany the unique Civil Code of 1896. In the Principality of Serbia the first Civil Code was passed in 1844.","PeriodicalId":52775,"journal":{"name":"Oditor","volume":"74 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oditor","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5937/ODITOR1901079Z","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
Abstract
The reception of Roman law is the acquisition (reciprocation) of Roman law and its use as a positive (valid) right in Europe in the Middle Ages and the New Century. This is a unique case in history, that the legal system of a civilization applies beyond its borders and after its collapse. Roman law was thus embedded in the very foundations of modern European law, and its influence was particularly reflected in the development of civil law and civil laws of European countries in the 19th century. Roman law (ius Romanum, ius Romanorum) signifies the legal order that existed in the Roman state since its foundation (the founding of Rome in 754 BC) until the death of the Byzantine Emperor (Eastern Roman Emperor) Justinijan I in 565 AD . Justinian's codification - Corpus Iuris Civilis, a collection that was published between 529 and 534, in which all the creations and achievements of the Roman legal theory of the classical period (Roman 'classical law') were collected and preserved, is the final stage in the development of the Roman rights. In the new century (somewhat sooner rather than later), reciprocated Roman law ceased to be a positive law in Europe, and it was replaced by civil codifications (civil codes): in France, in the time of Napoleon - Code Civile (Civil Code) made 1804 , in Austria, the General Civil Code of 1811, and in Germany the unique Civil Code of 1896. In the Principality of Serbia the first Civil Code was passed in 1844.
罗马法的接受是罗马法在中世纪和新世纪的欧洲作为一种积极的(有效的)权利的获得(互惠)和使用。这是历史上一个独特的例子,一个文明的法律体系在其崩溃后适用于其边界之外。因此,罗马法植根于现代欧洲法律的基础之中,其影响尤其反映在19世纪欧洲各国民法和民法的发展中。罗马法(ius Romanum, ius Romanorum)是指从罗马建国(公元前754年罗马建城)到公元565年拜占庭皇帝(东罗马皇帝)查士丁尼一世去世为止存在于罗马国家的法律秩序。查士丁尼编纂的《民法大全》(Corpus Iuris Civilis)出版于529年至534年间,收录并保存了古典时期(罗马“古典法”)罗马法律理论的所有创造和成就,是罗马权利发展的最后阶段。在新世纪(稍早而非稍晚),罗马法在欧洲不再是成文法,取而代之的是民法法典(民法典):在法国,拿破仑时代是1804年制定的民法典(民法典),在奥地利是1811年制定的一般民法典,在德国是1896年制定的独特民法典。在塞尔维亚公国,第一部民法典于1844年通过。