Rimsko pravo Research Papers - Academia.edu (original) (raw)
In this article the author analyses the problem of the philosophical background of the condictio claims in classical Roman law from three different aspects. First he deals with the issue of the apparent origins of the philosophical... more
In this article the author analyses the problem of the philosophical background of the condictio claims in classical Roman law from three different aspects. First he deals with the issue of the apparent origins of the philosophical principles and concepts associated with condictio claims in sources such as ius naturale, aequitas, natura, etc. After dismissing the possibility of their postclassical origin, the focus of the analysis shifts to the possible influences of certain Greek philosophical schools on them, namely the Peripatetics and the Stoics. Finally, the actual reach of such influence is discussed.
In this article the author analyses procuratoris revocatio in the law of Tripartitum of Stephen Werböczy, which provided for a recall of a statement, or any procedural action made by a procurator (proctor) in the proceedings. Firstly, he... more
In this article the author analyses procuratoris revocatio in the law of Tripartitum of Stephen Werböczy, which provided for a recall of a statement, or any procedural action made by a procurator (proctor) in the proceedings. Firstly, he gives an account of the arrangement of procuratoris revocatio in the Tripartitum and presents all the relevant
implications. Further, he outlines the main functions of procurator and advocatus in Roman law and the Roman legal tradition. After that, he deals with the possibility of recalling procedural actions made by them, specifically addressing revocatio (recall) in the context of procurators, and the rules regulating the recall of the advocate’s statements, both in Roman law and in Romano-canonical procedure. On this basis he gives a final evaluation of the relevance of the Roman legal tradition in the context of procuratoris revocatio in the law of Tripartitum. [Text of the article written in Croatian]
The author analyses the legis actio per condictionem procedure, as a basis for the development of unjustified enrichment claims (condictiones) in classical Roman law. He specifically deals with the origins of this procedure, which is... more
The author analyses the legis actio per condictionem procedure, as a basis for the development of unjustified enrichment claims (condictiones) in classical Roman law. He specifically deals with the origins of this procedure, which is still an unresolved issue in Romanist studies. He thoroughly analyses the basic characteristics of this procedure: the thirty-day time period (dies tricensimus) applied in the procedure and the usage of the terms condicere and condictio, upon which the name of this legis actio is based. Finally, he defines the terminological and conceptual interconnection of the legis actio
per condictionem procedure with the ancient Roman procedure for a declaration of war, or the bellum iustum procedure. Due to certain common features of these two procedures, the author suggests a similar level of their immersion in the ancient Roman religious and legal concepts. That way, he contributes to the understanding of the origins
of the legis actio per condictionem procedure, which in turn helps with the analysis of the unjustified enrichment claims (condictiones) in Roman law and its reception in general. [Text of the article written in Croatian]
Patrimony is one of the basic concepts of the contemporary European civil law systems. Contrary to the modern systems, in Roman law there is no single term to designate patrimony with its specific contents, but rather there is a number of... more
Patrimony is one of the basic concepts of the contemporary European civil law systems. Contrary to the modern systems, in Roman law there is no single term to designate patrimony with its specific contents, but rather there is a number of different expressions for patrimony, most important of which are familia, pecunia, patrimonium and bona. Familia designates the original Roman agnate family, but also denotes objects necessary for its upkeep, such as land, foodstuffs, household objects, etc. Pecunia is derived from the word pecus, which means cattle, but it also came to designate money, and even the contents of a patrimony in general. Patrimonium refers to all the objects that belonged to the pater familias. Bona is a term for patrimony from praetorian law, and it is the most advanced concept in the context of this analysis. Generally, all of these concepts were mostly relevant in the context of inheritance and enforcement of debts. Terminologically and conceptually all of them were subject of the reception of Roman law. Consequently, contemporary concepts share certain common features with the Roman concepts. It can be generally stated that the Roman legal tradition has a significant presence in the contemporary European concepts of patrimony. This conclusion is confirmed by the accentuated usage of the concept of patrimony in the context of inheritance and enforcement of debts in contemporary legal systems, which are also the main areas of its application in Roman law. [Text of the article written in Croatian]