DESPRE BUNURILE DE DREPT DIVIN (DIVINI JURIS) ȘI REGIMUL LOR JURIDIC
On divine law goods (divini Juris) and their legal regime

Summary/Abstract: In Roman law, the „Jus bonorum” (Law of property) is referred to as early as the time of the 12 Tables of the Law (cf. Table III, 3 and Table VIII), which the jurisprudence created by the famous Roman jurists of the period of classical Roman law (1st - 3rd century), among whom the jurisconsult Gaius (2nd century) stood out, contributed to the designation of property law as a distinct branch of „Jus civile romanum”.According to Gaius, goods or things (res) can be classified into two categories, namely goods that „belong to divine law (divini Juris)” and „human law (humaniJuris)”,which shows that a clear distinction was made between the sacred and the profane with regard to goods.In the pages of this work, we have made express reference to the goods of divine law (divini Juris), namely „res sacrae” (sacred goods), „res religiosae” (religious goods) and „ressanctae” (holy goods), of which not only „Jus romanum antiquum” (Old Roman law) but also „Jus romanum novum” (Byzantine law), founded by Emperor Justinian and his famous jurists, bear witness.From the text of this study, the informed reader will also note that some of these goods, which belong to divine law, namely „sacred goods” (res sacrae), are also referred to in modern state legislation, but it does not follow from the text of this legislation that these goods belong to „Jus divinum” and „Jus naturale”, as we find in the text of Roman Law.Hence the need to go back ad fontes, i.e. to the sources, also with regard to the regulation of property, sources which remain the main documentary evidence of the legal regime of property belonging to divine law.

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