European Legal History Powerpoints

Sources of Law

-Legislation
-Customary Law
-Legal Science
-Administration of Justice

30 Days

How many days shall be allowed by law for payment of confessed debt and for settlement of matters adjudged in court?

The creditor has the right of laying hand on the debtor. The creditor shall hale the debtor into court

What happens if payment of debt isn't made within the allocated time period?

Mos Maiorum

-"customs of the ancestors"
-It was an unwritten code of traditional values, practices, and norms passed down through generations, deeply influencing Roman social, political, and legal life.
-These customs emphasized virtues such as duty (pietas), loyalty (fides), and honor (dignitas), guiding both public behavior and personal conduct.
-Although not formal law, it was highly respected and shaped many aspects of Roman decision-making, reinforcing the continuity of Roman culture and society.

the law of XII Tables

-It was the first codification of Roman law, providing transparency and fairness, especially for plebeians.
-It ensured that laws were publicly accessible and applied equally to all citizens, reducing arbitrary judgments.
-It laid the foundation for the development of Roman civil law and influenced future legal systems.

Patrician

A member of the privileged upper class.

Plebeian

commoner

Fas

-The body of divine law, governing what is morally and religiously permissible according to the will of the gods.
-It dealt with religious duties, sacred observances, and the relationship between humans and the divine.
-It was concerned with maintaining harmony between society and the gods, regulating acts considered righteous or lawful in a spiritual sense.
-Violations of this were offenses against divine order, often resulting in religious penalties or divine disfavor.

ius

Right to which a citizen was entitled to because of his citizenship.

Rex

King

Senate

-Governing and advisory body composed mostly of patricians and ex-magistrates.
-Held significant influence over both legislation and executive decisions.
-Primary function was to give advice to magistrates, including consuls and tribunes, through senatus consultum.
-Their role in lawmaking was indirect, it might propose initiatives through its decrees, which would then be presented to one of the popular assemblies for voting.
-Wielded considerable influence, especially in foreign policy, finance, and religious matters, and would frequently collaborate with higher magistrates to draft legislation for the assemblies.
-Aristocratic institution composed of distinguished patricians serving for life and plebeians who had risen to become consuls, or their decendants.

Magistrates (Cursus Honorum)

-Quaestor
-Praetor
-Consul

Quaestor

-Lowest-ranking regular magistrate.
-Public official.
-In charge of state funds.

Praetor

-Government authority that served under a Consul.
-Elected magistrate who held legal power.
-Appointed to 1 year terms.
-Every ____ was free to completely rewrite an edict.

Consul

-Held the highest elected political office of the Roman republic.
-Could summon assemblies.
-Conducted elections.
-Put legislative measures to the vote.

-Senate
-Plebian Tribune

Who can submit initiatives to the Popular Assembly?

Political Structure Republic

-Censor
-Priests
-Dictator

ius civile

-Civil law.
-Applied only to the law of the Romans.

ius gentium

-Law of peoples, law created by Romans in agreement with Roman categories to settle disputes involving foreigners.
-Contained a general system of private law consisting of legal rules formulated in a general way and based on values of fairness and reason.
-It was based on general views of justice.

Formula

-Little form.
-Guide/script for the following trial phase before the judge.
-It authorized at the same time as it concluded the phase before the praetor.
-It usually contains designation of the judge, concise description of essential legal elements of the claim, defendants possible defense, and instruction for the judge, always in contingent format.

Phase 1, in iure

-Active role of the praetor.
-Litis contestatio, formal agreement between parties on the issues to be decided in a lawsuit.
-Role of the jurists.

Phase 2, apud iudicem

-Facts.
-Lay judge.
-No appeal possible.

Praetor Urbanus

Handled administration of justice between Roman citizens.

Praetor Peregrinus

Responsible for the administration of justice between foreigners and between foreigners and Roman citizens.

Process Law

-Remedies: substantive and procedural law.
-Independence.
-Oral and public.
-Passivity of the system: proceedings, witnesses and proofs, execution of judgements, citation.

Lex Aquilia

-A Roman law enacted in 287 BCE that dealt with damages caused to property, particularly in cases of wrongful damage or destruction.
-It established the principle of liability for harm done to another's property and set the framework for compensatory damages, influencing later legal concepts regarding torts and liability in Roman law.

Principate

-First phase of the Roman Empire, beginning with the reign of Augustus (27 BCE) and lasting until around the 3rd century CE.
-It is characterized by the facade of maintaining the Roman Republic's institutions, while real power was concentrated in the hands of the emperor, who held the title princeps.
-The Senate continued to function, but its authority was largely symbolic.
-It blended elements of monarchy and republic, allowing emperors to rule while maintaining an appearance of shared governance.

Princeps

-"first citizen"
-Title used by Roman emperors.
-Emphasized a leader's role as a servant of the state rather than a monarch, allowing them to maintain the facade of republican governance while wielding significant power.

Princeps Senatus

Leader of the Senate.

Plebeian Tribune

Representatives of the plebeian class, created as a check on the power of the patricians and to protect the rights of the plebeians.

Edictum Perpetuum

-It was a significant legal text in that consolidated and systematized the edicts of the praetors over time.
-It served as a permanent reference for legal procedures and principles that had been established by successive praetors, thereby providing consistency and stability in the application of law.

ius respondendi

-Special privilege granted by Roman emperors to select jurists to give official legal opinions in their name.
-These jurists were empowered to interpret and explain the law, and their responses carried authoritative weight in court cases.

Rescripta

-Written responses or decrees issued by Roman emperors, typically in reply to inquiries or petitions from individuals, magistrates, or local governments.
-These responses addressed legal questions, clarified points of law, or provided guidance on administrative matters.

Lex Citandi

-Law enacted in 426 CE that established the rules for citing legal authorities in legal proceedings.
-Allowed judges to refer to the writings of prominent jurists, particularly those of the classical era, as a source of legal reasoning and guidance.

Interdict

A judicial order or prohibition issued by a magistrate to protect an individual's legal rights or maintain public order.

Mancipatio

-Formal legal procedure used for the transfer of certain types of property, specifically res mancipi.
-This method was characterized by set ceremonial requirements that were essential to the validity of the transaction.
-Ceremonial Process: A ritual act that typically required the presence of five witnesses and a libripens. Transfer of property would be accompanied by a verbal declaration of ownership and the physical weighing of the item.
-Property Types: it was required for the transfer of specific categories of property (land, slaves, livestock, rights of way and other real property interests).
-Legal Significance: Provided a robust legal framework for ensuring that the transfer of ownership was clear and publicly acknowledged. It emphasized the importance of formalities in property transactions in Roman society.
-Evolution Over Time: Strict requirements of mancipatio became less critical, especially as the Roman legal system evolved. By the time of the later Empire, simpler methods of transfer became more common.

Res Mancipi

-Includes certain types of valuable and significant assets, primarily those that were subject to mancipatio.
-This type of property required specific legal rituals for transfer of ownership and was considered more secure and significant than other categories of property.

In iure cessio

-Formal procedure for the transfer of ownership of property.
-Involved a legal action before a magistrate where the transfer of property rights was publicly acknowledged.

Traditio

-Transfer of ownership of a thing through delivery pursuant to a cause.
-Basic essentials: Delivery, appropriate intent.

Usucapio

-Acquisition of ownership (dominium) of property through continuous and uncontested possession over a specific period of time.
-A form of acquisitive prescription, which allows a person to gain legal title to an asset if they possess it in a manner that satisfies certain conditions.

Rei Vindicatio

-A legal action that allows an owner to reclaim their property from someone who is wrongfully possessing it.
-Essential remedy for property rights, emphasizing the principle that ownership should be protected against unlawful possession.

Actio Publiciana

-Legal remedy that protected the rights of a possessor of property when their possession was challenged.
-Particularly relevant for cases involving the possession of res mancipi (certain categories of property, such as land and slaves) and was used when a possessor lacked formal ownership (dominium) but could demonstrate possession.

Personal Servitude

-Legal right granted to an individual to use another persons property for a specific purpose without owning it.
-Tied to a person.
-Ends upon the death of the person holding the servitude.

Praedial servitudes

is a right related to land (an "estate"). It grants the owner of one piece of land (the "dominant tenement") specific rights over an adjacent or nearby piece of land owned by someone else (the "servient tenement").

-For it to exist, both the dominant and servient tenements must exist.

-These rights are tied to the land itself, not the individual owner, and are transferred along with the land upon sale.

Usufructus

-"use and enjoyment of fruit"
-Legal right that allows a person (the usufructuary) to use and enjoy the benefits of property owned by another while not affecting the property's substance.
-Type of limited property right that grants the usufructuary significant powers over the property but does not confer ownership.

Usus

-Right to use a property without having the right to its fruits or benefits.
-Grants the right to occupy or use the property itself but does not grant ownership or the ability to exploit the property for profit.

Habitatio

-Grants an individual (the habitatio holder) the ability to reside in a property owned by another person.
-This right is closely related to the concept of usus, but it is more specifically focused on the right to occupy a dwelling.

Quasi Possessio

-Describes a situation where a person has the intention to possess a thing and exercises some form of control over it, even if they do not have actual possession in the traditional sense.
-Recognizes certain rights and protections for individuals who act as if they possess property, even when the legal title is held by someone else.

Vindicatio Usufructus

-Legal action that allows a usufructuary to assert their rights against a third party who interferes with their usufruct.
-Essentially a claim to vindicate or reclaim the benefits associated with the usufruct from those who might be unlawfully denying them.

Stipulatio

Most ancient contract with a rigid form of questions and answers between contracting parties.

Emptio Venditio

The contract of sale between two parties: the seller (venditor) and the buyer (emptor).

Consesus

-Agreement or consent.
-Signifies the mutual understanding and acceptance of the terms of a contract by the parties involved.

Merx

-Good or merchandise.
-All types of tangible goods that can be bought and sold in commercial transactions.
-Individualized objects, couldn't be in bulk.

Pretium

-Price in money.
-Monetary amount agreed upon in a contract of emptio venditio that the buyer (emptor) is obligated to pay to the seller (venditor) for the goods or services exchanged.
-Pretium certum: Price ascertainable.
-Pretium verum: True price

Error in negotio

-Mistake concerning the nature or type of the contract being entered into.
-Occurs when one or both parties misunderstand the fundamental nature of the transaction they are engaging in.

Error in corpore

-Mistake concerning the physical object or item that is the subject of a contract.
-Occurs when one or both parties misunderstand or misidentify the specific thing being contracted.

Error in nomine

-Mistake regarding the name or designation of the object involved in a contract.
-Occurs when one or both parties misidentify or misunderstand the specific item they are dealing with due to a misunderstanding of its name or title.

Error in substantia

-Mistake regarding the essential qualities or characteristics of the object involved in a contract.
-Occurs when one or both parties are mistaken about a fundamental attribute of the thing being contracted, which would significantly affect the nature of the agreement.

Per Formulas

-Formulary procedure.
-Allowed the praetor to bypass the Legis Actiones and decide with greater autonomy whether to allow or reject an action.