What binds Russia in her transformations that have occurred in recent years, with the works glossators commentators of the XI century, engaged in the activities of the University of Bologna study of Roman law?At what stage of legal science on private property, feeding back to the achievements of the thinkers of the slave of the Roman Empire, it became the basis for the settlement of the emerging relations of capitalist society in Western Europe?And why Roman law received their development in only one direction, and the second (public law) irrevocably gone down in history?
logic answer to all these questions and many more, backed Medieval Roman Law, is quite simple and obvious.But the process of penetration of law, which was used in Roman times, in Western Europe and especially in patriarchal Russia is quite interesting and worthy of attention.
Reception of Roman law involves a wide range of remedial actions, which includes borrowing and selection, processing and assimilation of norms and ideas, the theoretical foundations of Roman law, which have shown their worth in the process of regulation of the relations of society, to set foot on a higher stage of development.Tracing how to implement reception of Roman law in Western Europe, you can select the frequency of this process.
In the first stage, the study of Roman law, and the trends of the Renaissance only stimulated him.When you exit from the European Middle Ages, the interest aroused not only the achievements of art and culture relating to ancient Greece and Rome, but also the legacy of thinkers and scientists of the ancient empires.
The second step was to master the principles of private relations public opinion, as well as its use in the activity of practicing judges.
The third stage was the process when ideas are in the air began to be implemented after careful analysis and processing in the norms of laws.
Talk about unconditional acceptance of the principles of the ancient rights was not necessary.In fact, there was a reception of Roman private law.But public law, notwithstanding the aura of greatness around the whole of the ancient, was completely incompetent in the new economy.Assigning the name of the German Empire "Holy Roman Empire", the establishment of many states senates, a significant spread of the title of Emperor Napoleon, and even the revival of the post of first "consul" was the carnival tinsel, unable to revive the Roman government agencies.The new relations in the society, not only put an end to the Roman public law, but also demanded a thorough and radical revision of the foundations of private law.And only thanks to its original flexibility pledged ability to develop there was a reception of Roman law in the form in which it is perceived by modern jurisprudence.
highly controversial happens reception of Roman law in Russia.Even the existence of this process is a matter of controversy among experts studying law.There is a process of attraction of Russian law to the Roman-Germanic tradition, which laid the basis for Roman law.But Russia has a long list of circumstances affects the specifics of law in general and civil in particular.This is the power of traditions rooted in the era of pre-revolutionary Russia.Roman law in the period of XIX - early XX centuries sought a genetic continuity with the in rem, inheritance and liability law in Russia.Also, the continued existence of the administrative-command relations in the society played a significant role in the development of entire sectors of the domestic science, including the theory of state and law.This feature and the differences in the understanding of the process of the recession caused controversy among legal analysts.
But it was not there, the rapid development of the activity of new relations in society are pushing law-science to create a strong legal framework, based on scientific findings and not on political ideas.And in this issue is the Roman private law helps to organize the legal relationship in the newly emerging society.
