Descripcion de systema legal romano, historia legal

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  • Publicado : 23 de mayo de 2011
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External legal history
Periodization of the case
The case takes place in 33 BC, a transitional period between the pre-classical and classical period of Roman law, in the years of the late Republic. After Cesar was assassinated in 44 BC, the power was taken by Marcus Antonius, Lepidus and Octavianus, forming the second triumvirate. In the 31 BC, with the battle of Actium, Octavianus imposed hissupremacy over Antonius. The 27 BC marks the end of the Republic and the start of the Imperial Age under the lead of Octavianus Augustus .
Legal developments
During these years, the triumviri legitimate their powers giving new constitutional powers to the magistrates with the lex Titia in 43 BC. The powers were exercised jointly by the three. First of all they extended their imperiumconsulare in order to have the power over the shared provinces. Then, they were able to nominate magistrate before their actual office, and for a period of five-years. Most important, finally, is the legitimation of their power to govern even without Senate or popular consent .
Important legal development are to be adressed to the Praetor, elected magistrate more sensible to the new social development.Ius hnorarium come into existence, more faire, right and equitable than the ius Civile . It dealt not only with citizen of Rome, but also with the foreigners. Therefore, Ius Gentium was developed as law of the whole people .

The position of jurists throughout the period of Roman law
Jourists started to practice during the second half of the third century . They had no role in justiceadministration, but they explained the complex system of laws to litigants . As class of experts, they offered public service suggesting formulae and defences for particular situations, and writing legal documents for parties . Their counsels and advices were given to praetors, judges and other magistrates . During trials, their role was to agere, helping litigants to select their actio, and the praetor indrawing the formula . They published standard models of their legal documents from which collections of the most important jurists were made .
During the Late Republic jurists made the biggest contribution to the sophistication and systematisation of Roman law starteing a scientific systematisation of the law in logical and consistent order . Their works brought to a better cathegorizationinto subclasses, such as the division between public and private law, and works as the trychotomy of Gaius have been taken into consideration for our modern subdivision of civil law . New legal concepts were identified by . Jurists of the imperial chancery had the important role to write answer in the name of the emperor to legal question asked by public officials .
Classical Roman law juristsreached their climax: jurists gave opinions under authority of the emperor (ius publice respondendi ex auctoritate principis) , and developed more skills than praetor or the judex focusing on interpretation of legal remedies, unwritten rules. Julian, Papinian, Ulpian and Paul fixed, analyzed and commented the sources of law, renewing them and producing textbooks . They provided their responsas forspecific cases, gave extensive interpretation on existing legal remedies, and the whole material was then collected in anthologies as the Digesta or Pandectae
During the imperial legislation, when the Senatusconsulta had legislative activity, and theological influence was higer, jurists did not really contribute to legal developments and it started the decline of Roman jurisprudence . Juristsworked on codification of law of citation such as the Codex Gregorianus and Hermgenianus . Their role was confined in the imperial chancery, and advises were given to the vicariouses of the dioceses . However, jurists found now difficult understand the works of classical jurists, and to adapt them to their period in which local customs increased incredibly .

Legal system in force

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