The self-defense in the Tripartitum and the European ius commune
The self-defense in the Tripartitum and the European ius commune

Summary/Abstract: In this paper the author intended to elucidate the origin of the doctrine contained in the Tripartitum on self-defence. As it is shown, there is no reason to discriminate between the Prologue and the other parts of the Tripartitum, as old Hungarian legal Historians did so. Important citations from the ius commune, from Bartolus and Baldus, were incorporated not only in the Prologue, but also in the three other parts of the Tripartitum. We have shown that the doctrine of the self-defence derived from the ius commune was incorporated in the third Part of the Tripartitum, and these legal ideas from the learned law had a huge importance in the everyday legal practice, they were not a display of legal knowledge and learning. The above-mentioned and discussed sources of Werbőczy are evidences that Werbőczy was not a half-educated and isolationist jurist of a backward country, but he was fully acquainted with the European legal science. The legal knowledge of Werbőczy was a modern and up-to-date legal knowledge.

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