The Use of „ius commune” as a Legal Term in the Hungarian Tripartitum
The Use of „ius commune” as a Legal Term in the Hungarian Tripartitum

Summary/Abstract: This year we celebrate the quincentenarian anniversary of the 1517 printed edition of the Tripartitum. In his book with legal authority in Hungary for centuries, Werbőczy used various terms to designate ius commune. In the Tripartitum, there are different terms, such as ius commune, lex communis, communis opinio, etc. In this paper, the author shows that these terms, especially ius commune and lex communis are referring to well-known authors of the ius commune (Bartolus, Baldus, A. Aretinus), although their names are not mentioned. In accordance with the long-standing European legal tradition, these terms are synonyms of ius commune in Hungary, as well. In Werbőczy’s Tripartitum, ius commune as a legal term is not referred to the common law of the Kingdom (decreta generalia), but to the European ius commune.

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