Original scientific paper
INFLUENCE OF CHRISTIAN TRADITION ON MATRIMONIUM IN THE JUSTINIAN CODE
Josip Berdica
; Faculty of Law Josip Juraj Strossmayer University of Osijek
Nikol Žiha
; Faculty of Law Josip Juraj Strossmayer University of Osijek
Abstract
Christian tradition in the context of the conducted research should be deemed first of all as a starting point to understanding the influence of Christianity and the Roman legal culture regarding the fact that the mentioned tradition had been developing in the dominant Roman society. Nevertheless, the Roman society, especially after 313, had interconnected stronger and formed its institutes under the influence of Christian beliefs having gradually cut across intrachristian boundaries and become a conduct pattern for all society members. The relationship between the Christian tradition and the Roman legal culture is actually a dialectic one and hard to understand if we seek a unidirectional influence. The research focuses on a review of matrimonial doctrine in works of notable fathers of the church and early Christian writers who had a permanent influence on further development of holy matrimony in the Christian tradition and also in some aspects of reception of the same ideas on the institute of matrimony in the Justinian Code.
Keywords
christian tradition; matrimony; Corpus iuris civilis; matrimonium; Roman law
Hrčak ID:
117834
URI
Publication date:
30.12.2013.
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