Oditor, Vol. V, No. 01/2019

RECEPTION OF ROMAN LAW
Mirjana Zorić[1], Milica Župljanić[2]

Date received: 10.02.2019.
Date accepted: 03.04.2019.

doi:10.5937/Oditor1901069D

UDK:
340.132.2
34(37)
JEL: K15

Abstract

The reception of Roman law is the acquisition (reciprocation) of Roman law and its use as a positive (valid) right in Europe in the Middle Ages and the New Century. This is a unique case in history, that the legal system of a civilization applies beyond its borders and after its collapse. Roman law was thus embedded in the very foundations of modern European law, and its influence was particularly reflected in the development of civil law and civil laws of European countries in the 19th century.
Roman law (ius Romanum, ius Romanorum) signifies the legal order that existed in the Roman state since its foundation (the founding of Rome in 754 BC) until the death of the Byzantine Emperor (Eastern Roman Emperor) Justinijan I in 565 AD . Justinian’s codification – Corpus Iuris Civilis, a collection that was published between 529 and 534, in which all the creations and achievements of the Roman legal theory of the classical period (Roman “classical law”) were collected and preserved, is the final stage in the development of the Roman rights. In the new century (somewhat sooner rather than later), reciprocated Roman law ceased to be a positive law in Europe, and it was replaced by civil codifications (civil codes): in France, in the time of Napoleon – Code Civile (Civil Code) made 1804 , in Austria, the General Civil Code of 1811, and in Germany the unique Civil Code of 1896. In the Principality of Serbia the first Civil Code was passed in 1844.

Key words: Roman law, lawyers, reception, codification, code, laws, civil law.


[1] Mirjana Zoric, Ph.D., Full professor, Faculty of management and economy, Kragujevac, Street Karađorđeva 52, e-mail: zoricmirjanamira@gmail.com
[2] Milica Zupljanic, Ph.D., Assistant professor, Faculty EPOHA, Belgrade, Street Mileševska 40a, e-mail: mzupljanic@gmail.com