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Michael Rosiles

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Aug 3, 2024, 8:21:26 PM8/3/24

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A Brief Introduction to Rimsko Pravo by Marijan Horvat

Rimsko pravo (Roman law) is a term that refers to the legal system of ancient Rome and its influence on modern European law. The book Rimsko pravo by Marijan Horvat, published in 1948, is one of the most comprehensive and authoritative works on this topic in Croatian language. It covers the historical development, sources, institutions, and concepts of Roman law from its origins to the codification of Justinian in the 6th century AD.

The book is divided into four parts: the first part deals with the general characteristics and history of Roman law; the second part examines the sources of Roman law, such as legislation, custom, juristic opinions, and imperial constitutions; the third part explores the main institutions of Roman law, such as persons, family, property, obligations, contracts, succession, and procedure; and the fourth part discusses the reception and influence of Roman law in medieval and modern Europe.

Rimsko pravo by Marijan Horvat is a valuable resource for anyone interested in learning more about the legal heritage of Rome and its impact on European civilization. It combines historical analysis, juridical interpretation, and critical evaluation of Roman legal doctrines and principles. It also provides numerous examples, citations, and references to original sources and modern literature. The book is written in a clear and concise style, making it accessible to both students and scholars of Roman law.

The first part of the book traces the historical evolution of Roman law from the early monarchy to the late empire. It highlights the main stages and factors that shaped the legal system of Rome, such as the social and political conflicts between patricians and plebeians, the expansion and administration of the Roman territory, the rise and fall of the republic and the principate, the reforms and crises of the imperial period, and the Christianization and barbarization of the Roman world.

The second part of the book analyzes the sources of Roman law, that is, the forms and methods of creating and expressing legal norms in Rome. It explains the role and function of different types of sources, such as the Twelve Tables, the leges (laws passed by the people's assemblies), the senatus consulta (decrees of the senate), the responsa prudentium (opinions of jurists), the edicta magistratuum (proclamations of magistrates), and the constitutiones principum (enactments of emperors). It also discusses the problems and principles of interpretation and application of Roman law.

The third part of the book examines the main institutions of Roman law, that is, the categories and concepts that organized and regulated legal relations in Rome. It covers topics such as persons (status, capacity, rights, and duties), family (marriage, divorce, patria potestas, adoption, guardianship), property (ownership, possession, servitudes, trusts), obligations (sources, types, effects, extinction), contracts (formation, classification, validity, performance), succession (testamentary and intestate inheritance, legacies, fideicommissa), and procedure (civil and criminal actions, stages, evidence, judgment).