„Oni pak ne podle tohoto Municipálu, ale podle práva Justiniánového slyšáni a rozeznáni bejti mohli.“ K významu římského práva v předbělohorském Brně
| Title in English | 151 / 5 000 "Then they could be heard and recognized not according to this Municipal, but according to the law of Justinian." On the importance of Roman law in Brno in the Pre-White Mountains |
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| Year of publication | 2024 |
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| Citation | |
| Description | The legal culture of medieval and early modern Brno was completed by domestic sources of municipal and land law and also by the so-called learned laws (Roman and canonical). This is evidenced not only by descriptions of glosses and commentaries on selected titles of the Institutions, Digest, or Codex that have been preserved to varying degrees, but also by marginal notes accompanying some Brno city books. Although the people of Brno fundamentally attributed a supporting character to Roman law and did not equate it with the core of local municipal law (privileges, customs, statutes, jurisprudence, law books and manuals), sources from the pre-White Mountain era demonstrate that in some disputes the parties preferentially referred to Justinian's Institutions. This request is then supported by a rich argumentation based on citations from contemporary legal literature, which puts the role of Roman law in the legal consciousness of the people of Brno in a completely new light. |