Original scientific paper
Lasting values of Roman law
Magdolna Sič
Abstract
In the contemporary process of Europeanisation and globalisation, again the question is raised of, on the one hand, what would be indispensable and useful to give students from the rich treasury of Roman law and how (by which method) to present it to them, and, on the other hand, in what direction to head further scientific research related to Roman law.
These questions are asked because at the beginning of transition (over ten years ago) Roman law began to be neglected. The reason was, on the one hand, that tertiary education and also science were being treated more and more as goods and therefore it was considered that subjects taught and science too should be created according to market needs and for a market which requires that students have practical knowledge and skills that can be easily placed on the work market. On the other hand, Western Europe has turned to learning about medieval law with the aim that in the so called ius commune of the Middle Ages the foundations for a new contemporary ius commune of Europe be found.
In this paper only the problem areas of Roman private law are considered. Primarily we have decided to answer another question - Should the ius commune supersede Roman law? We especially singled out two central questions as values which deserve a special place in the study and in the teaching of Roman private law. These are Roman rules and the principle of bona fides. By considering these questions we will indirectly give the answer to the first question - can Roman law survive in today's overly materially oriented knowledge market?
Keywords
Roman law; ius commune; Roman maxims; bona fides; modern European contractual law
Hrčak ID:
37835
URI
Publication date:
15.11.2006.
Visits: 2.773 *