The Consilia as the Source of Medieva Roman Law Cover Image

Consilia jako pramen poznání středověkého římského práva
The Consilia as the Source of Medieva Roman Law

Author(s): Miroslav Černý
Subject(s): History
Published by: Univerzita Palackého v Olomouci
Keywords: Middle Ages;Glossators;Postglossators;Roman Law;Bologna;Bartolus de Saxoferrato;Baldus de Ubaldis;

Summary/Abstract: Medieval lawyers, in particular glossators and, to a much greater extent, their followers postglossators, followed up on the practice of ancient Roman law, where the Pontiff s and then lay lawyers of the classical period first issued a response that was not only an instrument for interpreting valid law, but also a source for the creation of a new law. The medieval consilia means pronouncing or writing a legal opinion on a legal issue. Thematically consulted on the issues of state law, borough rights of Italian towns , inheritance law and family law. The consilia were issued not only at the request of private persons, but also at the request of the judges, who, according to them, decided on specific litigation. The Consilia thus became a tool through which Roman law of scholars from the university environment penetrated and influenced the reality of everyday life. The consilia is also one of the underestimated sources of the knowledge of medieval everyday life. The paper also describes the concrete authors of the consilia and the current state of their preservation and utilization.

  • Issue Year: XLIV/2018
  • Issue No: 54
  • Page Range: 33-47
  • Page Count: 15
  • Language: Czech