Diritto Privato Romano e Giustizia

Roman Private Law

• Roman law is the collection of rules that formed the Roman legal system.
• It encompassed the known world at the time, leading to its spread globally.
• It was the primary means of regulating relationships between people within the Roman Empire.
• The empire had various capitals, including Byzantium (later Constantinople, now Istanbul).
• Roman law spanned from the founding of Rome (754 BC) until the death of Emperor Justinian (565 AD), encompassing approximately 1300 years.
• The core of Roman law is found in words that consistently carry the same meaning across time and contexts, defining essential concepts.
• Legal concepts and language evolve over time.

Concepts of Justice and Equity

• Equity is about balance in relationships among citizens, addressing imbalances in society.
• Moral principles (what is good and just) and law are not identical; law is the realisation of ideas of justice by humankind.
• The concept of equity developed over time, with the Romans initially not prioritising it.
• Legal rules and principles change based on social contexts and circumstances, especially as the empire evolved and expanded.

Periods of Roman Law

• Ancient Period (754 BC to 242 BC): Early Roman society, with an economy based on farming and herding.
• Classical Period (242 BC to 240 AD): Marked by flourishing commercial and financial activities, leading to the emergence of new legal concepts and institutions, primarily the pretorian law.
• Post-Classical Period (240 AD to 565 AD): Emphasised the role of the Emperor, leading to codified law and administrative structures within the Empire.

Sources of Roman Law

• Written Laws: The 12 Tables were written laws from the Roman republic and were critical to the ancient Roman legal tradition.
• Non-Authoritative Sources: The emergence of unwritten rules (mores maiorum), customs and traditions that developed over time and their interpretations.
• Experts' opinions and interpretations: (Interpretatio prudentium): Expert opinions and interpretations of legal issues by influential Roman jurists, beginning in the Republic and continuing through the empire.
• Imperial Decrees and Constitutions (Constitutiones principum): The role of the Emperor's rulings and pronouncements in shaping the law.

Roman Family Structure

• Paterfamilias: The head of the Roman family, holding absolute power over the family's members.
• Gentes: Groups of related families who shared common ancestry and religious traditions.
• Clients: Individuals who sought the patronage of powerful members of society (usually patricians/paterfamilias) in exchange for services or loyalty.
• The concept of family and familial structures significantly influenced Roman law.

Roman Persons

• Persons: Roman law recognised people as having the capacity to hold rights and duties.
• Different categories: Differentiated among free citizens, slaves, and persons with restricted rights or capacity (like minors or those with disabilities), each having different rights under the law.
• The concept of person changed: From a physical body with natural reason to a legal subject with rights and duties in society, with the intervention of scholars.

Important Issues in Roman Private Law

• Property: Concepts of ownership, acquisition of property, and various types of property including res mancipi or res nec mancipi in particular.

• Contracts: The different categories of contracts recognised in Roman law were described in three different sections:

• Obligations: The system of obligations and how this was protected and enforced.

  • Property Rights: Ownership and related rights.
  • Contracts: Agreements creating obligations.
  • Quasi-Contracts: Particular situations creating obligations similar in form to those found in contracts.

• Torts: Legal responsibility for wrongs.

• Process and Procedure: Legal procedures for resolving disputes.

• Jurisprudence: The role of jurists in interpreting and explaining the law.

• Family law: The organisation and rights within families.

• Succession: Who inherits the property of a deceased person.

• Law Relating to Persons: Differentiating between citizens, slaves.

• Law Relating to Property: Examining the classification and acquisition of property rights e.g., ownership, possession, and usage.

Legal Concepts

• Ius civile: The law of the Roman citizens.
• Ius gentium: The law of nations, a broader system of law applicable to all peoples.
• Ius honorarium: Law developed through the interpretations and practice of the Roman praetors.
• Responsa prudentium: The opinions or legal interpretations of leading legal experts/jurists of Rome.
• Fides Bona: Concept of good faith in dealings and contracts.
• Negotiorum gestio: The unauthorised management of an absent person's affairs, with the effect of creating legal obligations.