Roman Law During the Republic and Principate

Roman Law

• Roman Private Law evolved over a thousand years, influenced by socio-political and constitutional changes.
• Roman Private Law was particularly significant in Malta, from the Roman occupation to the present day, fundamentally shaping the local legal system and the current Civil Code.

Roman Law of Persons

• Roman status was determined by freedom, citizenship, and family.
• The legal position of dependent and independent persons is discussed, including those unable to care for themselves properly.
• The influence of Roman Law on this area is less pervasive due to the evolution of new ideas and ideals.

Roman Law of Property

• Ownership and its characteristics, along with modes of acquisition and other real rights, are covered (including ownership fractions, such as servitudes).
• Possession and its legal distinction from ownership are explained.
• Roman Law's indelible mark on Malta's legal foundation is emphasized.

Roman Law of Obligations

• Obligations' sources, requisites, and extinction methods are examined, including contracts, quasi-contracts, torts, and quasi-torts.
• The significant influence of Roman Law on modern law, especially the law of obligations, is noted.

Introduction to Roman Law

• Roman Law is crucial for understanding modern civil law systems.
• It existed from 750 BC – 500 AD, with no codified law.
• Various sources of law interacted over 1200 years.
• The Corpus Juris Civilis brought all Roman laws into one book (codification).
• Difficulties arose in applying the law during the time of compilation, thus the need for further qualification of law in use.
• Key aspects of interpretation and application of the law in Roman Times are covered.

History of Roman Law

• The system developed in several stages.
• Judges interpreted past actions to apply legal concepts to present-day problems without codified regulations.
• The question of interpreting ancient laws and applying them in the modern world is noted as a point of discussion.

The Assemblies of Rome

• Early forms of government included assemblies of Roman citizens (males of wealth/nobility).
• Assemblies, comprised by their subdivisions, created the laws and their interpretation.
• Legislation was decided through votes.
• Patrician and plebeian assemblies were distinguished.

Roman Law – Written and Unwritten

• Justinian distinguished between written law (constitution, treaties, etc.) and unwritten (custom).
• Custom was accepted only if it was consistent and widely practised over generations.
• The law of custom is a dynamic system; a legal method to adapt.

The Roman Praetor

• The Praetor was an officer of the state responsible for administering justice.
• At the heart of the justice system, the Praetor served to address inadequacies of the code in his work.
• Praetor was granted authority to set the laws of the state.
• The Praetor's decisions were the foundation of Roman jurisprudence.

Roman Officials

• High officials of the Roman state wielded different powers (legislative, executive, judicial)
• Officials’ duties evolved, with roles shifting over time.

The Role of the Senate

• The Senate played a vital role in Roman Law.
• It held legislative power. It was the most important assembly.
• The Senatus held considerable influence during the Republic.

Justinian’s Legislation

• Justinian, a powerful Roman Emperor, codified Roman law.
• This resulted in a comprehensive body of law, the Corpus Juris Civilis, which profoundly influenced legal systems across Europe.

Roman Law in Malta

• Malta experienced different stages of legal influence after Roman occupation.
• Various legal systems shaped the Maltese legal system throughout history.
• Roman law played a vital role in the development of the Maltese legal system.

The Twelve Tables

• The Twelve Tables were an early attempt to codify Roman laws.
• The tables covered a wide range of legal topics, influencing legal systems for centuries.

Law of Persons

• Roman Law categorized people into free and enslaved persons.
• Status determined legal rights and obligations, with the difference between different statuses being emphasised.

Law of Property

• The Roman concept of ownership (dominium) involved possession, use and enjoyment.
• Classifications of things (movable and immovable) and their legal significance in Roman civil law systems are covered.

Law of Obligations

• Contracts and their classification (e.g., formal and informal).
• Legal implications including the rights and duties of the parties involved in contracts.

Law of Succession

• Roman succession methods, including testamentary and intestate successions, are detailed.
• Roman legal interpretation of succession and bequeathing along with the evolution of the law.

Law of Actions

• Roman legal procedure and the processes used to seek legal remedies in courts are covered.
• Legal actions and how they developed over time, with a focus on specific examples are explored.