THE PERMANENT CHARACTER OF ROMAN LAW – INFLUENCE OF ROMAN LAW IN MODERN LAW –

Abstract

The significance of Roman law has always been subject to permanent questioning and denial, not only at the time of adopting the great civil codifications but also in the contemporary world. Nowadays, we may witness numerous attempts aimed at marginalizing Roman law, passing negative remarks on the relevance of its further study and questioning its role and importance for the development of the contemporary law. Yet, all these attempts are significantly frustrated by the Roman law concepts governing property ownership, contracts, obligations and the legal doctrine. As these institutes originate from the Roman law, they point to the huge significance and impact of Roman law in the development of the contemporary private law not only at the time of adopting the great civil codifications but also at present times, when there is a general tendency towards the unification of laws within the EU legal framework. Given the fact that Roman law was the first ius commune, it may still serve as a model, particularly in light of the attempts towards the unification of laws within the European legal area. Owing to all these assets, Roman law is a universal and extremely valuable attainment of the human civilization which has served as the cornerstone for developing a substantial part of the contemporary law as well as the heritage of the contemporary civilized world.