Regula iuris – její zrod a vliv na novověké právo
| Title in English | Regula iuris its genesis and its influence on modern civil law |
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| Authors | |
| Year of publication | 2011 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Law, regula iuris, legal rules, principles, civil law, codification |
| Description | Regula iuris represents one of the influences of Roman law to the Modern Age codifications of civil law. Nowadays they are called principles. The conference paper analyses regula iuris that were formed either from the text of legislation or jurisprudence. The article tries to explain the nature of regula iuris and the nature of Roman law texts from that regula iuris were deduced. Authors aim is to underline that Roman jurisprudence did not form legal principles, but it tried to solve specific legal situations. Legal principles and norms as they are known nowadays were formed during the period of Justinian and adoption (reception) of Roman law. They were taken off the original context and they became general rules. |
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