DO WE NEED TODAY LEGAL HISTORY? FOR WHAT PURPOSE?
DO WE NEED TODAY LEGAL HISTORY? FOR WHAT PURPOSE?
Author(s): Dan VelicuSubject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Universitatea Nicolae Titulescu
Keywords: legal history; partnership contract; corporation; Roman law; French Civil Code; Romanian Civil Code; BGB;
Summary/Abstract: In general, nowadays history as a science is viewed somewhat with scepticism. For many, history is only a science of the past and only of the past. In the same way, many relate to the history of law. On the one hand, an argument in support of this conduct would be that the too complex problems that today's law indicates are little inclined to be solved by resorting to the past. On the other hand, a large part of the judges in Western Europe and not only regard Roman law as the last solution in establishing the balance and moderate rules in the private law space. The truth is placed probably in the middle. The old law should not be idolized or mythologized, but it should be regarded as an object of reference and understood as a product of a certain historical epoch. However, we do not exclude that through its study we will obtain useful conclusions to redress the legislation in force. The present study tries to synthesize certain aspects of the millennial evolution of the partnership contract in order to see if the main ideas and mechanisms are still valid, can be adapted or perhaps useless.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XXXIII/2026
- Issue No: 1
- Page Range: 36-43
- Page Count: 8
- Language: English
