prawo rzymskie

Tempus et locus otwarcia testamentu w prawie rzymskim

Author: Sławomir Kursa
Institution: SWPS Uniwersytet Humanistycznospołeczny w Warszawie
Year of publication: 2018
Source: Show
Pages: 182-195
DOI Address: https://doi.org/10.15804/tpn2018.2.09
PDF: tpn/14/TPN2018209.pdf

Like all official activities, also the opening of a will was carried out in the time and place provided by law. They were the resultant of various factors, such as the place and circumstances of the death of the testator, the time of funeral, as well as the accessibility of the will itself, witnesses to its preparation and physical presence of the official for whom the procedure of opening the will had to be carried out. In each case, there were widely available places, because the opening of a will was public. This article considers the regulations regarding the time of legal opening of a will, in particular the precedence of the funeral of the deceased testator. Next explains the factors determining the place of the opening of the will, among others, the territorial competence of state officials in this respect, the availability of the witnesses of the will and the place of its storage.

Lex Aquilia źródłem współczesnej odpowiedzialności za czyny niedozwolone

Author: Justyna Poliszak
Institution: SWPS Uniwersytet Humanistycznospołeczny w Warszawie
Year of publication: 2018
Source: Show
Pages: 197-228
DOI Address: https://doi.org/10.15804/tpn2018.1.12
PDF: tpn/13/TPN2018112.pdf

The purpose of this article is to indicate that all the fundamental private law institutions regarding liability for delicts, negligence, detriments etc. have its roots in Roman law. Lex Aquilia and its creative interpretation made by classical Roman lawyers can be one of the most valuable examples of this historical process. The following essay emphasizes that the classical Roman jurists have developed such an important legal instruments as: the concept of fault, negligence, due diligence, causation etc. Moreover the article contains source texts with case studies and its explanations based on classical interpretation made by Roman lawyers. In addition, the last part of the lecture indicates the main similarities and differences between ancient and modern private law instruments. The article may be useful for law students and legal practitioners to understand the origin and main idea of modern legal principals and therefore improve their skills.

Sobre la revelancia del Deprecho Romano Y Del Metodo de sus Jurisprudentes prawa la formacion integral de los juristas en el siglo XXI

Author: Carmen Lazaro Guillamón
Institution: Universitat Jaume I – Castellón España
Year of publication: 2016
Source: Show
Pages: 146-158
DOI Address: https://doi.org/10.15804/tpn2016.1.08
PDF: tpn/10/tpn2016108.pdf

The aim of this paper is to highlight the pertinency and importancy of maintaining Roman Law as a fundamental subject in the studies leading to obtain a Law Degree. Roman Law is a propaedeutic subject that allows students to learn, understand and apprehend the basics of Law and to use a proper technique to think juridically. Roman law is not only the ground of Continental and Latin American legal systems, but their case method also permeates the Anglo-Saxon legal system. Essentially, it is a subject that provides the capabilities to be able to call “jurists” and not shysters those who obtain a Law Degree.

Wykaz inwentarza. Nowe zasady dziedziczenia na tle rozporządzenia PE i Rady UE nr 650/2012. Studium prawno-porównawcze

Author: Bronisław Sitek
Institution: SWPS Uniwersytet Humanistycznospołeczny
Year of publication: 2015
Source: Show
Pages: 112-123
DOI Address: https://doi.org/10.15804/tpn2015.1.06
PDF: tpn/8/TPN2015106.pdf

Freedom of movement within the European Union raises many problems in the area of inheritance law. Until now, the inheriting has been conducted in several EU countries – in the places where there were the fragmented assets of the testator. In an effort to standardize the law of succession, the European Parliament and the EU Council adopted Regulation No. 650/2012 which unified rules of inheritance proceedings in the European Union. The regulation was implemented by Polish legislator with the Act of 20th March 2015 and with the connected regulations. The most important change was the introduction of the inventory list and the change of the succession rule of inheritance debts from the unlimited responsibility to the responsibility limited to the value of the list or inventory.

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