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Actio Publiciana and Mancipatio

Author(s): Adolfo Bautista Cremadez / Language(s): English / Issue: 2/2021

Mancipatio was the established way to trade res mancipi (slaves, italic soil and big animals), so if these things were delivered by traditio the transmission was invalid. This distinction disappeared before Justinian's compilation, generalizing the traditio as a mechanism for the transmission of all goods. This work discusses the possibility that the mechanisms for protecting the Praetorian owner (especially the actio publiciana) could have determined the disappearance of mancipatio.

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Dreptul între formă, conţinut şi discurs politic. Despre o receptare ştiinţifică a dreptului roman în România.

Author(s): Tudor Avrigeanu / Language(s): Romanian / Issue: 3/2019

Der vorliegende Beitrag versucht, eine Erklärung für das Fehlen der sog. Wissenschaftlichen Rezeptio des römischen Rechts aus der rumänischen Rechtsgeschichte und Rechtswissenschaft. Dafür wird die Unterscheidung zwischem Form und Inhalt des Rechts in verschiedenen Zusammenhängenn erörtet, und schließlich die strukturelle Ähnlichkeit zwischen der Schutzfunktion der rechtshistorischen Lehre von der wissenschaftlichen Rezeption des römischen Rechts in der Zei des Nationalsozialismus und der Aufbaufunktion der rechtswissenschaftlichen Lehre von den sog. Konstanten des Rechts in Bezug auf die Konstruktion freiheitlicher Rechtszustände unter dafür günstigen politischen Bedingungen während der kommunistischen Zeit.

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Iusta causa traditionis: Obligačný právny úkon zaväzujúci k prevodu vlastníctva alebo účel odovzdania?

Author(s): Veronika Kleňová / Language(s): Slovak / Issue: 4/2021

Misunderstanding of what the classical Roman law understood as an iusta causa traditionis, led since the glossa to the conclusion that the putative causa traditionis was as good as an actual iusta causa traditionis (the traditio transferred the ownership although the cause which the parties believed to exist did not exist in fact). Using the example of dotis datio, the paper presents the Roman system of iustae causae as a system of purposes of the delivery that explains, why the classical Roman law did not need the construct of putative cause to allow the traditio dotis causa to transfer the dominium although the dowry was not valid due to an impediment to marriage.

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Lex commissoria: from a Forbidden Clause in Roman Law to a (Contemporary) Debtor’s Welcome Relief

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Lex commissoria: from a Forbidden Clause in Roman Law to a (Contemporary) Debtor’s Welcome Relief

Author(s): Marko Sukačić / Language(s): English / Issue: 2/2021

The lex commissoria, an agreement under which the creditor assumes ownership of the pledged property if the debtor defaults, was prohibited in the post-classical period of Roman law by the constitution of Constantine in the CTh 3,2,1 (CI 8,34,3). This article explores the possible substance of the lex commissoria in the classical Roman law of pledge as well as Constantine’s motive behind its prohibition, and compares it with that in the contract of sale. The impermissibility of the lex commissoria, as inherited from Roman legal tradition, had persisted in the contemporary Croatian legal system until recently. Under Directive 2014/17/EU, Croatia, as well as all other member states of the EU, transposed the permissibility of such a clause, albeit as limited to consumer housing loan agreements. From this canvas, the concluding remarks juxtapose the Roman with the contemporary lex commissoria and discuss the actual purpose and effect of the said prohibition.

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Privire sintetică asupra sistemului electoral roman

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Privire sintetică asupra sistemului electoral roman

Author(s): Ionela Cuciureanu / Language(s): Romanian / Issue: 2/2021

Talking about the Roman electoral system nowadays may certainly seem at a first glance, an outdated approach and one lacking a practical utility. However, if we leave aside the Greek democracy, the Roman electoral system was not only one of the best developed from a procedural point of view, but also one that overwhelmingly inspired modern systems. In the perception of the Romans, the state was not a separate and distinct entity from - and occasionally opposed to - the individual, but a group of individuals linked by various affiliations and sharing distinct obligations and privileges. But the real strength of the Roman state laid in the suffrage of the citizens, given that they had the necessary tools, legal and political alike, to elect those who exercised executive power, a basic feature today in all representative democracies.

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Regulation of the Relations between Jews and Christians in Roman Law

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Regulation of the Relations between Jews and Christians in Roman Law

Author(s): Pál Sáry / Language(s): English / Issue: 2/2021

Even the pagan Roman emperors issued a number of decrees concerning Jews and Christians. However, the regulation of the relationship between Jews and Christians did not begin until after the Constantinian change. The Christian emperors ruling in the fourth to sixth centuries sought to achieve the following three main goals in this area: (1) promoting the conversion of Jews to Christianity; (2) hindering the conversion of Christians to the Jewish religion; (3) elimination of hostility between Jews and Christians. For the first purpose, the rights of Jews were restricted (for example, they were excluded from public offices). Jews who converted to the Christian faith received special legal protection. For the second purpose, the conversion of Christians to the Jewish faith was declared a crime. Jews were forbidden to keep Christian slaves. Mixed marriages between Jews and Christians were prohibited. For the third purpose, Christians were forbidden to abuse Jews; attacking, looting and setting fire to synagogues was severely punished. Jews were also strictly forbidden to violate the Christian religion.

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