Deconstruction of Roman law and construction of positive law
The interpretation of Roman legal sources directly affects the creation of a positive legal order. In history, two basic interpretations of Roman law have been distinguished so far, which were translated into two codes: the French Civil Code from 1804 and the German Civil Code from 1900. The two cod...
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| Language: | English |
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University of Novi Sad, Faculty of Law
2024-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403583C.pdf |
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| author | Cvetković-Đorđević Valentina V. |
| author_facet | Cvetković-Đorđević Valentina V. |
| author_sort | Cvetković-Đorđević Valentina V. |
| collection | DOAJ |
| description | The interpretation of Roman legal sources directly affects the creation of a positive legal order. In history, two basic interpretations of Roman law have been distinguished so far, which were translated into two codes: the French Civil Code from 1804 and the German Civil Code from 1900. The two codes determine the nature of the collective in a fundamentally different way and regulate its actions in legal transactions. According to the German Civil Code, the collective has an abstract nature, which is why it gets the status of a legal entity that does not have its own will but participates in legal transactions through representatives. An alternative solution to the concept of the collective and its actions is present in the French Civil Code, which is based on the original Roman understanding that the collective (the people) has a concrete nature and that it is made up of concrete individuals who participate in the formation of the collective's unique will. Two different conceptions of the collective and its action reflected the understanding of individual legal action when work is undertaken through another. |
| format | Article |
| id | doaj-art-3410ad07ef634e3e9ef137f304b74e34 |
| institution | Kabale University |
| issn | 0550-2179 2406-1255 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj-art-3410ad07ef634e3e9ef137f304b74e342025-02-05T13:32:01ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552024-01-0158358359510.5937/zrpfns58-548660550-21792403583CDeconstruction of Roman law and construction of positive lawCvetković-Đorđević Valentina V.0https://orcid.org/0009-0007-1830-7464Univerzitet u Beogradu, Pravni fakultet u Beogradu, Beograd, SerbiaThe interpretation of Roman legal sources directly affects the creation of a positive legal order. In history, two basic interpretations of Roman law have been distinguished so far, which were translated into two codes: the French Civil Code from 1804 and the German Civil Code from 1900. The two codes determine the nature of the collective in a fundamentally different way and regulate its actions in legal transactions. According to the German Civil Code, the collective has an abstract nature, which is why it gets the status of a legal entity that does not have its own will but participates in legal transactions through representatives. An alternative solution to the concept of the collective and its actions is present in the French Civil Code, which is based on the original Roman understanding that the collective (the people) has a concrete nature and that it is made up of concrete individuals who participate in the formation of the collective's unique will. Two different conceptions of the collective and its action reflected the understanding of individual legal action when work is undertaken through another.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403583C.pdfroman lawinterpretationgerman civil codefrench civil coderepresentation |
| spellingShingle | Cvetković-Đorđević Valentina V. Deconstruction of Roman law and construction of positive law Zbornik Radova: Pravni Fakultet u Novom Sadu roman law interpretation german civil code french civil code representation |
| title | Deconstruction of Roman law and construction of positive law |
| title_full | Deconstruction of Roman law and construction of positive law |
| title_fullStr | Deconstruction of Roman law and construction of positive law |
| title_full_unstemmed | Deconstruction of Roman law and construction of positive law |
| title_short | Deconstruction of Roman law and construction of positive law |
| title_sort | deconstruction of roman law and construction of positive law |
| topic | roman law interpretation german civil code french civil code representation |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2024/0550-21792403583C.pdf |
| work_keys_str_mv | AT cvetkovicđorđevicvalentinav deconstructionofromanlawandconstructionofpositivelaw |