"Common law" as the term is used today in common law countries contrasts with ius commune. While historically the ius commune became a secure point of reference in continental European legal systems, in England it was not a point of reference at all.David John Ibbetson, Common Law and Ius Commune p. 20 (2001) The English Court of Common Pleas dealt with lawsuits in which the Monarch had no interest, i.e.
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Course Description: Roman Law and the Ius Commune or of "Licentiatus of both laws".
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As Roman law evolved into modern legal systems, the concept of ius singulare was abandoned and ius commune was applied to all cases.
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Filippo Decio or Decius (1454 – c. 1535) was an Italian jurist whose services were courted by European universities and rulers. He was an influential representative of the pre-Humanist scholastic ius commune tradition.
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Apart from that Particular law (Patrikularrecht) or subsidiary Common law, here ius commune, (Gemeines Recht) were applied.(German) Thomas Henne: Handelsgesetzbuch, in: Albrecht Cordes, Heiner Lück, Dieter Werkmüller (Hrsg.), Handwörterbuch zur deutschen Rechtsgeschichte, www.HRGdigital.de/HRG.handelsgesetzbuch.igital (21. November 2015).
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The 1991 published work became a standard work.Cf. the reviews of Eike Wolgast in Historische Zeitschrift 259, 1994, ; John G. Gagliardo in The American Historical Review. 98, 1993, (Online); Adolf Laufs in Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Germanistische Abteilung. 113, 1996, ; Karl Härter in Ius Commune 19, 1992, ; Peter Rauscher in Mitteilungen des Österreichischen Staatsarchivs.
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On a proposal from the Kingdom of Bavaria the Federal Convention (Bundesversammlung also Bundestag) of the German Confederation establish a commission, that should elaborate a commercial code. That was 21 February 1856. King Maximilian II Joseph of Bavaria is said to have motivated the project in person.(German) Christoph Bergfeld: Preußen und das Allgemeine Deutsche Handelsgesetzbuch, in: Ius Commune, Bd. XIV (1987), .
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65 Throughout the late 15th century various unsuccessful attempts were made to form commissions of experts to codify, update or define Scots law.Reid, p. 66 The legal uncertainty which this situation created prompted increased reliance on the ius commune found in Canon law and there are a number of examples of statutes from this period which clearly drew from Roman law.Reid, p.
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An early Scottish legal compilation, Regiam Majestatem, was based heavily on Glanvill's English law treatise, although it also contains elements of civil law, feudal law, canon law, customary law and native Scots statutes. Although there was some indirect Roman-law influence on Scots law, via medieval ius commune and canon law used in the church courts, the direct influence of Roman law was slight up until around the mid-15th century.Robinson, Fergus and Gordon, European Legal History, 3rd Edition, OUP, 2000 chapter 14 After this time, civilian ius commune was often adopted in argument in court, in an adapted form, where there was no native Scots rule to settle a dispute; and civil law was in this way partially received in subsidium into Scots law. Since the Acts of Union 1707, Scotland has shared a legislature with the rest of the United Kingdom.
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The resulting mixture was predominantly Roman, but it contained some features which were characteristically Dutch: this hybrid is known as Roman-Dutch law. The Dutch applied their legal system in their colonial empire. In so doing, the distinctly Dutch branch of civil law (or ius commune) came to be applied in far-flung places, e.g., the Dutch East Indies, Dutch West Indies, Cape Colony, and Dutch Ceylon.
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Around the 15th century a process of reception and acculturation started with both laws. The final product was known as Ius Commune. It was a combination of canon law, which represented the common norms and principles, and Roman law, which were the actual rules and terms. It meant the creation of more legal texts and books and a more systematic way of going through the legal process.
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Agostino Oldoino calls him the leading jurisconsult of his age.: habitusque sui aevi Iurisconsultorum Princeps. Kenneth Pennington has called him one of the ‘last two great commentators on feudal law’.Ken Pennington, "The Development of Feudal Law in the Ius commune," in the article, "Law, Feudal," Dictionary of the Middle Ages: Supplement 1 (New York: Charles Scribner's Sons-Thompson-Gale, 2004), pp. 320-323.
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In 1544, he moved his practice to Venice, and in 1547 he began to teach law at Padua. Deciani's work was innovative in several fields that were at his time sparsely developed because they were outside the scope of the ius commune tradition. His most pioneering work was in criminal law. In his Tractatus criminalis (published posthumously 1590), he was the first author to discuss general principles of criminal law, i.e.
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Before efforts at unification, almost every region and borough in the Netherlands had its own law. Local Roman-Dutch law borrowed heavily from the civilian ius commune, particularly with respect to the law of obligations and in the practice of written codes. However, no universal written code existed before the 19th century. Many attempts at codification were short-lived, not helped by constantly changing governments and political conditions.
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"Ratio scripta", or "written reason", was the assessment of Roman law commonly held in Europe during the Medieval period.International Law - Terms and Phrases It emerged during the revival of Roman law, serving as the basis of the ius commune. It was also used to evaluate the validity of leges propria or the local customs and positive legislation. Ratio scripta is also used to denote the popular opinion of Roman law held during the Medieval period.
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The origin of solidarity can be traced to a Roman idea known as correality where a single thing was owed by more than one person. Under these circumstances, there was just a single obligation. There was a transformation and growth of this idea during the ius commune before being codified in the Napoleonic Code of 1804. In Louisiana law, solidary obligations are governed by articles 1789–1806 of the Louisiana Civil Code.
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Pedro Barbosa (1530/35-1606) was a Portuguese jurist and the leading representative of the ius commune and the usus modernus in Portugal. Teaching law at the University of Coimbra in 1557–64, he came to hold the highest judicial offices, including with the Inquisition, as judge of the Casa da Suplicação and the Desembargo do Paço, and as Chanceler-mor do Reino. Barbosa also wrote numerous tracts on family law, inheritance law and procedural law.
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Ius singulare is Latin for "singular law". It was special law for certain groups of people, things, or legal relations (because of which it is an exception from the general principles of the legal system). An example of this is the law about wills written by people in the military during a campaign, which are exempt of the solemnities generally required for citizens when writing wills in normal circumstances. It contrasts with the ius commune, the general, ordinary law.
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Belchior Febos, also called Phoebus (died 1632) was one of the leading Portuguese jurists of his time. In the early 17th century, Febos practiced law before Portugal's supreme civil and administrative courts, the Casa da Suplicação and the Desembargo da Paço. His principal work, the two-volume Decisiones Senatus Regnus Lusitaniae (1619), a compilation of commented decisions of the supreme courts, was among Portugal's most significant contributions to the European scholarly discourse about the ius commune.
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Today the degree is awarded by the Pontifical Lateran University after a period of six years of study, by the University of Würzburg, and by the University of Fribourg. Between approximately the twelfth through the eighteenth centuries European students of law mastered the Ius commune, a pan-European legal system that held sway during that span. It was composed of canon (church) law and Roman and feudal (civil) law, resulting in the degree of "Doctor of both laws".Pennington, Kenneth.
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Normally, there were two Justiciarships, organised by linguistic boundaries: the Justiciar of Scotia and the Justiciar of Lothian, but sometimes Galloway also had its own Justiciar. Scottish common law, the ius commune, began to take shape at the end of the period, assimilating Gaelic and Celtic law with practices from Anglo-Norman England and the Continent.D. H. S. Sellar, "Gaelic Laws and Institutions", in M. Lynch, ed., The Oxford Companion to Scottish History (Oxford, Oxford University Press, 2004), , pp. 381–82.
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In October 2010 he returned to Maastricht to found the Maastricht European Private Law Institute (M-EPLI). Smits is known for his critical view of the European harmonisation process; he is also a fierce believer in legal science as an international discipline. He held visiting positions at a number of foreign institutions, including Tulane University Law School, the University of Leuven, the University of Liège, Louisiana State University and the Penn State Dickinson School of Law. Jan Smits is a member of the Ius Commune Research School.
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Arguments supporting a unified European civil code relate to the emergence of the European Union and an increasingly globalised economy. Proponents also point out that Europe, including England, shares a long legal history in the form of the ius commune before the 18th and 19th century national codifications. Besides, except for England and Ireland, all of Europe shares the civil law tradition which began with the Napoleonic Code of 1804. # The European Union represents a unification of Europe and a reduction in the significance of national borders.
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In the 19th century, feudal law was finally gradually abolished in most European countries largely due to the Napoleonic wars and the influence of the Napoleonic Code. It fully integrated the ius commune system of ownership as a full right in rem. While in France the régime féodal was ended in 1789 by the stroke of the pen under the Revolutionary legislature, in Germany it was not until the mid-20th century that feudal law was formally abolished in 1947 by Allied Control Council law.
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Since 2002 the institute's journal Rechtsgeschichte appears annually in print (Klostermann Verlag) and is simultaneously available through open access since 2012. Its predecessors were IUS COMMUNE, journal for European legal history (1967-2001), and the Rechtshistorisches Journal (journal on legal history, 1982-2001). Research results of the institute are also published as working papers, pre-print editions or in a post-print format in the Legal History Research Paper Series, which has appeared online as SSRN since 2012. Beyond the journals, a number of book series reflect the work at the institute, i.e.
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Roman law often acted (except in England) as a "common law" (ius commune) that filled the gap where local laws were silent, as well as supplying principles of interpretation for those laws in doubtful cases.Bellomo, The common legal past of Europe. In this way, Scots law was heavily influenced by Roman law from the 15th century. Roman law was in part incorporated in later codifications of continental law such as the Napoleonic Code and hence formed a core of their successors, the civil law systems of modern European and other countries.
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His scholarly activities in Hungary resulted in the publication of nearly 300 studies and articles, including many of his own books and textbooks, scholarly studies and essays, and hundreds of periodical articles. In Hungary, his early works focused on penal law, and later his research activity led him to deal with the history of European ius commune in Hungary. In 1964 he published his comprehensive volume entitled Einflüsse des römischen Rechts in Ungarn. He was visiting professor at the University of Cambridge, and member of the European Academy of History.
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Customs would be compiled by local practitioners and approved by local assemblies of the three estates, with disagreements resolved by the central court. At the time, the wholesale adoption of Roman law and the ius commune would be unrealistic, as the king’s authority was insufficient to impose a unified legal system in all French provinces. In the process of recording, local customs were sometimes simplified or reformed. By the 16th century, around sixty general customs were recorded and given official status, disqualifying any unrecorded customs from having official status.
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The Stewart dynasty, founded by King Robert II in 1371, was defined by the growing authority and power of the Scottish Kings and development of existing legal institutions. In 1469, the Parliament of Scotland affirmed the ultimate authority of King James III and rejected the authority of imperial notaries in Scottish civil matters.Reid, p. 50 The recognition of the sovereign authority of the Scottish Kings was connected to the influence of the ius commune in Scots law. For example, the Pragmatic Sanction of Bourges of 1438 was an attempt to limit papal authority in France and recognise the sovereign authority of King Charles VII of France.
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Traditionally, the Napoleonic Code has been considered the main source of inspiration for the Chilean Code. However, this is true only with regard to the law of obligations and the law of things (except for principle of abstraction), while it is not true at all in the matters of family and successions. The indisputable main source of the Civil Code is the Siete Partidas (Seven-Part Code) of King Alfonso X, perhaps the pinnacle of Spanish ius commune. For instance, in relating the acquisition of property, the code makes a clear distinction between the titles and the actual acquisition of property, similarly to the Roman Law and the German Bürgerliches Gesetzbuch.
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The research fields of the faculty are ecclesiastical law; theology of canon law; general norms of canon law; constitutional law of the Church; liturgical law; Catholic marriage law; canonical norms of sacraments and sacramentals; canonical process law; canonical penal law; canon law of Eastern Churches; Medieval ius commune and canon law history. The institute was decorated with the title of “Doctor Honoris Causa” Urbano Navarrete Cortes S.J. on 2 May 2000, one of the most significant 20th century canon lawyer, who worked for the renewal of the canonical knowledge in Hungary in the Eighties and died on 22 November 2010. The Canon Law Institute was enriched on 5 May 2011 with two new honorary doctors, i.e. José Tomás Martin de Agar and Bronisław Wenanty Zubert OFM.
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The Roman-Dutch action for pain and suffering (Afrik aksie weens pyn en lyding), or action for solatium, developed in the 17th century partly from the Aquilian action, partly from the use of reparative fines (or zoengeld, compositie) under Dutch customary law.Jan Smits, The Making of European Private Law: Toward a Ius Commune Europaeum as a Mixed Legal System (Antwerp: Intersentia, 2002), 239. This action may be raised on five essential heads of liability: # Harm or loss: Pain and suffering is intangible harm associated with personal bodily injury to the plaintiff: for example, actual pain, the loss of amenities of life and the loss of life expectancy. # Conduct: in the form of a positive act, an omission or a statement.
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M.) programmes and three advanced master's programmes, most of which are taught in English. In research, the faculty's Graduate School of Law has built a reputation in the areas of international, European and comparative law. The faculty participates in two national research schools, the School of Human Rights and the Ius Commune Research School, and is home to several research institutes: the Institute for Transnational Legal Research (METRO), the Maastricht Centre for Human Rights, the Institute for Globalisation and International Regulation (IGIR), the Montesquieu Institute Maastricht, the Institute for Corporate Law, Governance and Innovation Policies (ICGI), and the Maastricht European Private Law Institute (M-EPLI). The faculty was initially located at the Nieuwenhof béguinage, currently home to University College Maastricht.
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Willem Van der Tanerijen (died 1499) was a jurist in the Duchy of Brabant (the territory of which is now divided between the Netherlands and Belgium) whose manuscript treatise on the procedures of the major courts of the duchy is an important source for the legal history of the fifteenth century.J. Stengers, "Composition, procédure et activité judiciaire du Grand Conseil de Marie de Bourgogne", Bulletin de la Commission Royale d'Histoire 109 (1945), pp. 9-10.Jean-Marie Cauchies, "Le privilège ou la keure", in Das Privileg im europäischen Vergleich, part 1, edited by Barbara Dölemeyer and Heinz Mohnhaupt (Ius commune: Veröffentlichungen des Max-Planck instituts für Europäische rechtsgeschichte 125; Frankfurt am Main, 1997), p. 135. He was also a proponent of university training in law.
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Scots law can be traced to its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom. The various historic sources of Scots law, including custom, feudal law, canon law, civilian ius commune and English law have created a hybrid or mixed legal system. The nature of Scots law before the 12th century is largely speculative, but is likely to have been a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Gaelic, Welsh, Norse and Anglo-Saxon customs.Scottish Legal History: A Research Guide, Georgetown Law Library, Retrieved 2011-10-22 There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles.
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The Siete Partidas can be characterised as a text of civil law or ius commune (based on Justinian Roman law, canon law, and feudal laws), alongside influences from Islamic law. Its sources were diverse. Among the most important were the Corpus Iuris Civilis of Justinian; the works of the Roman glossators and commentators, for example Franciscus Accursius and Azzus; canon law texts like the Decrees of Gregory IX and the work of Saint Raimundo de Peñafort; the Islamic legal treatise Villiyet written in Islamic Spain; and some Castilian fueros and customs. Other sources include philosophical works by Aristotle and Seneca; the Bible and texts by the Church Fathers; works by Isidore of Seville and Thomas Aquinas; the Libri Feudorum (compilation of Lombardic feudal law); the Roles D´Olerons (a collection of writings on commercial law); the Doctrinal de los juicios (Trial Manual) and the Flores de Derecho (Flowers of law) by Maestro Jacobo, who also worked on the Partidas; and the Margarita de los pleytos by Fernando Martínez de Zamora.
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Roman-Dutch law (Dutch: Rooms-Hollands recht, Afrikaans: Romeins-Hollandse reg) is an uncodified, scholarship-driven, and judge-made legal system based on Roman law as applied in the Netherlands in the 17th and 18th centuries. As such, it is a variety of the European continental civil law or ius commune. While Roman-Dutch law was superseded by Napoleonic codal law in the Netherlands proper as early as the beginning of the 19th century, the legal practices and principles of the Roman-Dutch system are still applied actively and passively by the courts in countries that were part of the Dutch colonial empire, or countries which are influenced by former Dutch colonies: Guyana, South Africa (and its neighbours Botswana, Lesotho, Namibia, Eswatini, and Zimbabwe), Sri Lanka, Indonesia, Surinam, and the formerly Indonesia-occupied East Timor. It also heavily influenced Scots law.John W. Cairns, “Importing our Lawyers from Holland: Netherlands Influences on Scots Law and Lawyers in the Eighteenth Century”, in Scotland and the Low Countries, 1124–1994, ed.
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Their activities grew to encompass the organization of processions, sponsoring festivities, distribution of money, food and clothing to poorer members, provision of dowries to daughters, burial of paupers, and the supervision of hospitals. During the Middle Age, each school had its own regulation, named capitulare or mariegola. Their authonomy was lost during the Renaissance when the institutions were subjected to a specific Magistracy that ruled the office of the leaders and oversaw the drafting of Capitulars After a process of secularization, charities lost their Christian identity and were absorbed into the Venetian structure of the State, that encompassed an exhibiting unity-order among the social classes of the Repubblic, as it is depicted in the Procession in St. Mark's Square (Gentile Bellini, 1496). While Venice deleted the Middle Age ius commune from its hierarchy of the sources of law, Grandi Scuole were divided into two opposite classes, and started to securitize their immobiliar investments under the central direction of private banks, even if within the bounds of their history redistribution rules.
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