Утицаји римског права на европско приватно право

In this work a try has been made to identify impact of certain concepts of Roman delict law to some aspects of European private law tradition and culture. Therefore the Roman delict furtum has been chosen, because it represents threat to what is the core of every private law relations. It is so even...

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Bibliographic Details
Published inSrpska politička misao no. 3; pp. 185 - 204
Main Author Vujović, Ognjen
Format Journal Article
LanguageSerbian
Published Институт за политичке студије 2017
Institute for Political Studies
Subjects
Civil Law
EU-Legislation
History of Law
International Law
European Union
death penalty
European Private Law
furtum
International Private Law
assimilation
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Summary:In this work a try has been made to identify impact of certain concepts of Roman delict law to some aspects of European private law tradition and culture. Therefore the Roman delict furtum has been chosen, because it represents threat to what is the core of every private law relations. It is so even though today theft represents criminal act and not personal delict. Because this delict has changed its character and survived expansion of concept, the Roman private law has become more inclusive, not only by concept but in the meaning of application to peregrine also, not only the Roman citizens. It could be said that contributed to gradual assimilation of indignant population. The Roman law strongly grew after proclamation of lex Aebutia which enlarged the role of praetor in court procedure and has been involved in formulary procedure. This is a certain procedure which basic purpose is effective resolution of dispute. But, there is no efficiency without justice and reason. That is how the Roman private law developed and upgraded gradually and patiently. Praetor was guided by the logic of reasonable politician who solved the problems of everyday life among citizens. He is dealing with issues with no political conflict, but only facing the personal interest. It seems that EU tries of unification of private law starts with similar needs, specifically having in mind the goals of so called Lando Commission. Many of legal principles and law rules which were made in antique Rome are the base of today most developed communities. Among others, those principles and those rules are used as resources for influences to other cultures.
ISSN:0354-5989