Roman law

Traditionally, the study of Roman law is divided into five parts: the laws of persons, of property, of succession, of obligations, and of actions.

The Law of Persons

In early Roman law it was especially important to establish one’s status – free or slave, citizen or alien, male or female, parent or child, and so on – because only then could legal rights and duties be determined. At first it was status in respect to the family that was most important. But as Roman jurists came into contact with other cultures or fell under the influence of Greek philosophy status based on birth gave way in importance to contractual relations. The Romans also created the juristic person or corporation, a fictitious person endowed by the state with the rights of natural persons.

The Law of Property

Property law defined what items could and could not be owned by individuals, described the methods of acquisition and transfer that the legal system would recognize and defend, and noted the extent to which one person's rights in property might be modified or limited by the claims of another individual.

The Law of Succession

The law of succession treated, in cases of intestacy, the passage of property to heirs whose rights depended on their relationship to the deceased. It also regulated the making of wills. As the Roman sense of equity and humanity developed, the right of a testator completely to disregard natural heirs was severely limited.

The Law of Obligations

The law of obligations concerned the rights and duties that rose from commercial pursuits or contracts and also from a number of illegal acts – torts or delicts – which obliged the offender to recompense the injured person.

The Law of Actions

The law of actions contained the procedures to be followed in disputes. It evolved from a considerable dependence on self-help by the plaintiff in the earliest days to an almost complete dependence, from summons to execution, on the state.

Influence of Roman Law

By the time of Justinian most of Western Europe was in the hands of barbarian kings who administered a mixture of their own Germanic Law and earlier Roman law. But in the 11^th century Italian scholars rediscovered and began to study and teach the Corpus Juris Civilis. This happened at the very time that expanding trade and commercial activity made the law of a universal state more appropriate than any other. Thus Roman law became the basis of the law of all Western Europe, with the exception of England. It spread to the New World and is basic in South and Central America, Louisiana, and Quebec; it was adopted in South Africa and Sri Lanka and plays a role in the codes of emerging states. Through Byzantium it reached Russia, where it still furnishes part of the law. The Roman jus gentium (law of the peoples), developed in the republic to govern relations with non-Romans, became the basis of much of modern commercial law.

Vocabulary notes:

the law of persons the law of property the law of succession the law of obligations the law of actions Corpus Juris Civilis

суб’єкти права право власності спадкове право зобов’язальне право позовне право Звід цивільного права

Task 7. Match the phrases in column A with their Ukrainian equivalents in column B.

A	B
1.Закони сучасних англомовних країн зазнали впливу Римського права.	a. The Law of the Twelve Tables remained in use for over 1000 years, though the bronze tables were destroyed when Rome was sacked in 410 AD.
2. Закон Дванадцяти таблиць стосувався всіх громадян. Він був викарбуваний на дванадцяти бронзових таблицях, розташованих у Форумі, де кожна людина могла їх побачити.	b. The Roman empire had spread over much of Europe. It remained intact until the fifth century AD. As a result, the laws of all European countries, including France and England, were much influenced by the two Roman Codes.
3. Закон Дванадцяти Таблиць діяв 1000 років, хоча таблиці були знищені, коли Рим був пограбований.	c. The law of France underwent further changes in the late eighteenth century, when Napoleon Bonaparte compiled the Code of Napoleon.
4.Юстиніан переймався ліквідацією корупції та прагнув зробити правосуддя доступним кожному.	d. The Law of the Twelve Tables covered all citizens. It was inscribed on twelve bronze tables set up in the Forum for everyone to see.
5. Римська Імперія простяглася по всій Європі і як результат всі Європейські країни зазнали впливу двох Римських кодексів.	e. Law in the modern English-speaking countries was also greatly influenced by Roman Law.
6. Закон Франції зазнав впливу у 18 столітті, коли Наполеон Бонапарт уклав Кодекс Наполеона.	f. Justinian was concerned with elimination of corruption and making justice available to everyone.

Task 8. Law has its origins in the early developments of civilized society, and through time there have been major influences on the laws that we follow today. Match these sources of law with the descriptions below:

Common law, Roman law, Napoleonic Code, The Ten Commandments

_________ , which evolved in the 8^th century BC, was still largely a blend of custom and interpretation by magistrates of the will of the gods. _________, evolved from the tribal and local laws in England. It began with common customs, but over time it involved the courts in law-making that was responsive to changes in society. In this way the Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that replaced the rules laid down by earlier societies. _________ formed the basis of all Israelite legislation. They can also be found in the law of other ancient people. _________ refers to the entire body of French law, contained in five codes dealing with civil, commercial, and criminal law.

Task 9. Agree or disagree with the following statements.

1. The Ten Commandments are based on moral standards of behaviour.

2. In common law, judges resolve disputes by referring to statutory principles arrived at in advance.

3. Roman law is based on the principle of deciding cases by reference to previous judicial decisions, rather than to written statutes drafted by legislative bodies.

4. The Napoleonic Code was introduced into a number of European countries, notably Belgium, where it is still in force. It also became the model for the civil codes of Quebec Province in Canada, the Netherlands, Italy, Spain, some Latin American republics, and the state of Louisiana.

Task 10.Make up the sentences with the following words:

influence, development, resolve, origin, reference, be in force, previous, will, tribal.

Task 11. Read and translate the text into Ukrainian: