Roman law is not just a collection of ancient civilization's laws. It is the foundation upon which the entire continental (Roman-German) legal system is built, operating in most European, Latin American, as well as Russian and many other states. Even the Anglo-Saxon system (common law) has been indirectly influenced by it. Expressions like "presumption of innocence", "property obliges", and the famous maxim "ex injuria jus non oritur" come to us from Roman jurists.
The uniqueness of Roman law lay in the fact that it was the first in history to separate law from religion and morality, making it a formal, logically structured system. The Romans created legal constructions that were so universal that they survived the fall of their own empire and became the foundation for the law of the new time.
The evolution of Roman law spans over a thousand years (from the 8th century BC to the 6th century AD). Several key periods are distinguished.
The law of this period was called "Quiritian" (jus Quirіtium). It was strictly formal, had a sacred character, and was accessible only to Roman citizens (Quirites). The main source was the customs of the ancestors (mores maiorum) and the Laws of the Twelve Tables (451–450 BC) — the first written record of Roman law, created to limit the tyranny of patrician priests. These laws were engraved on copper tablets and displayed on the main square of Rome — the forum.
This was the heyday of Roman jurisprudence. The period began with the Petelian Law (326 BC), which abolished debt slavery for Roman citizens. It was during this time that the main institutions, which we still use today, were formed: contract law, property law, inheritance, obligations from delicts (wrongdoings). Rhetoric and jurisprudence became the highest art. The most famous jurists of this period were Gaius, Papinian, Paul, Ulpian, Modestinus. It was their works that later laid the foundation for the famous codification.
This was a period of crisis and dominance (unlimited monarchy). Law became more coarse, formalism gave way to simplification. Imperial constitutions (edicts) became the main source of law. On this stage, the first official collections of imperial laws were compiled — the Codex Gregorianus (about 291 AD) and the Codex Hermogenianus (about 295 AD).
The Byzantine Emperor Justinian the Great undertook a grand attempt to collect and codify all Roman law. As a result, the famous Corpus Juris Civilis ("Body of Civil Law") appeared, which became a textbook and law for the entire late Roman state. It was this codex that was "discovered" in the Middle Ages in Bologna and laid the foundation for the reception of Roman law in Europe.
The Corpus Juris Civilis included four parts:
The Romans first made a clear distinction: public law relates to the position of the Roman state and its institutions, while private law regulates relations between individuals (family, property, contractual). This division has been preserved in all legal systems to this day.
Roman law was, as lawyers say, a "system of actions": no right, no protection. The famous principle "ubi remedium, ibi jus" (where there is a means of protection, there is also right). The emergence of a new life situation required the creation of a new action. Later, this transformed into "action from contract" (actio ex stipulatu) and "action from delict" (actio ex delicto).
The Romans developed a complete and absolute right of ownership over a thing — "he who owns, he who uses". From this, rights of possession (possessio), detention (detentio), and servitudes (limited rights on someone else's thing, such as the right of passage through a neighboring plot) branched off.
The Romans distinguished four types of contracts: verbal (oral, for example, stipulation — an oath), literal (written), real (when the contract came into force at the moment of transfer of the thing: loan, loan, deposit) and consensual (agreement based on simple consent of the parties: sale, lease, commission).
Roman law meticulously worked out three statuses of a person: status of freedom (ingenui — freeborn, libertini — freedmen, servi — slaves); status of citizenship (cives, latini, peregrini — foreigners) and family status (pater familias — the head of the family, having authority over all household members).
After the fall of the Western Roman Empire in 476, Roman law formally ceased to operate. However, it continued to "smolder" in local customs and church canons. The turning point came in the late 11th century in Bologna. Irnerius (the scholar known as the "Light of Law") began to give lectures on the Digests of Justinian, laying the foundation for the University of Bologna — the oldest in Europe.
The interest in Roman law was immense because it offered ready-made, rational solutions for new economic realities — trade, usury, bills of exchange, which the feudal fragmentation could not regulate. The reception (reception, borrowing) of Roman law in Europe occurred from the 12th to the 18th century and led to the creation of common legal principles for the continent.
The direct heirs of the Roman legal tradition became the civil codes of France (Napoleon's Code of 1804), Germany (BGB 1896), Switzerland, Italy, and many other countries. Russian pre-revolutionary law also experienced a powerful influence through German pandecticism.
New publications: |
Popular with readers: |
News from other countries: |
![]() |
Editorial Contacts |
About · News · For Advertisers |
British Digital Library ® All rights reserved.
2023-2026, ELIBRARY.ORG.UK is a part of Libmonster, international library network (open map) Keeping the heritage of the Great Britain |
US-Great Britain
Sweden
Serbia
Russia
Belarus
Ukraine
Kazakhstan
Moldova
Tajikistan
Estonia
Russia-2
Belarus-2