NORMELE CUTUMIARE ȘI LEGILE SCRISE, CELE DOUĂ ELEMENTE CONSTITUTIVE ALE LUI „JUS VALACHICUM”
CUSTOMARY NORMS AND WRITTEN LAWS, THE TWO CONSTITUENT ELEMENTS OF THE "JUS VALACHICUM"

Summary/Abstract: Since some historians of ancient Romanian law - unfamiliar with the text of the "Pravilele împărătești", i.e. the Byzantine imperial laws, - have believed that the "Lex Terrae" (Law of the Land) has as its constitutive element only the legal customs, with the present study we have brought the necessary clarifications and corrections by appealing to the "Fontes" (sources), namely to the written sources of Romanian law, whose origins go back to the rules of Roman law in Thracian Dacia and to the laws of the Byzantine emperors, which were transposed and applied in the Danubian-PonticCarpathian area since the time of Emperor Justinian, the last Roman emperor and the first Byzantine emperor. On the basis of the testimonies provided by these legal sources, we could therefore ascertain that the first element of the "Law of the Country" was represented by legal customs, and its second element was "jus scriptum", and that, in medieval times, the Law of the Country was in fact identified with "Jus Valachicum", i.e., with Romanian Law.

• Details
• Contents