IUS ROMANUM AND THE ORIGINS OF EUROPEAN PRIVATE LAW
IUS ROMANUM AND THE ORIGINS OF EUROPEAN PRIVATE LAW

Summary/Abstract: Approximation and harmonization efforts relating to private law (civil law and commercial law) have been and still are subject of many discussions and disputes. Although, it is, doubtlessly, undecided whether or not Europe, in the present moment, needs at all any sort of a unified legal system, it is obvious that harmonization in the field of private law related legislation is unavoidable. Roman law (civil law) served as a foundation for the 16th century Legal Humanism and was a goldmine for the rationalist Natural Law doctrines. In the 19th century, Roman law is molded in the spirit of legal positivism primarily through German Science of Pandects and, finally, Roman law is also a predominant material of the great private law codices both in European countries and countries geographically located outside Europe. The private law of the European countries, no doubt, in different extent and building on different historical traditions, is connected to Roman law (civil law). Taking into serious consideration the significant role of Roman law in the comparative analysis of the evolution of European private law, both in relation to the Member States of the European Union (EU) and to those States being – yet – no Member States of the EU, is justified.

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