Roman law has always been and is still the basis of the world's jurisprudence.Scientists are people of ancient Rome made an invaluable contribution to the development of the humanities.Apparently, they had no idea, while still savages in a small settlement among the three hills (Palatine, Quirinal and the Capitol), that their discoveries will be explored through a thousand years in the most venerable universities of world renown.The invention of the ancient Romans called the Roman law.In exploring this historic area of law raises a lot of these topics which require detailed consideration.To date, the lawyers were able to identify a system of Roman law, as well as find information about the sources of the field of law.One of these sources are the instructions for lawyers who are called institutions.
heyday of the Roman private law
In I-III centuries AD the Roman private law has reached the peak of its evolution.This period is distinguished historians of the state and law as a "classic".At this time, the Roman lawyers did not simply trying to legitimize some civil relations between different sectors of the population, they were taken out patterns, creating a theory to invent new trends in the development of Roman jurisprudence.The classical period of Roman law led to the emergence of several sub-sectors of science, namely:
- public law.
- Private Law.
- right Quirites.
- Right of peoples.
- praetorian law.
in these sub-sectors have united the different legal rules governing relations in various spheres of Roman life.But if it was right, there were lawyers.Here the question arises: how they appeared, who (or what) they prepared?The answer to it is an institution of Gaya, the general characteristics of which will be given below.
What created institutions
Before we talk about the institutions of the Roman lawyer Guy, you need to understand what is all these institutions.The term refers to a set of rules and regulations that are included in a single collection that is used in the process of training young legal practitioners (in ancient Rome there was no differentiation of lawyers, each one led practical activity, in other words, the theorists almost non-existent).In the Roman Empire I century BC there was a strong contradiction between the slaves and a free people.Rebellion happens all the time.Therefore, before the lawyers there was a problem: to satisfy the interests of the ruling classes in their property rights over slaves, without violating a shaky balance in the middle of a free society.They could not prevent the start of the civil war in the ranks of the free population.Its practical works of many prominent lawyers to record and release a small manual, absolutely elementary.
«Institutions» Guy.General characteristics
should immediately mention that "Institutions" Guy - an innovation in the world of legal science at the time.The collection encompasses all the necessary qualities, namely: brevity, clarity, conciseness, there are examples of judicial practice, the accuracy of the statement, clear and pure Latin, an abundance of historical information.In other words, Gaeva "Institutions" have become the main textbooks for lawyers, students of Roman law."Institutions" Guy served as the basis for the following well-known textbook, which became part of the famous Justinian codification, - Corpus juris civilis.
value "institution»
In the process of studying this source need to understand what benefits are a "Institutions" Guy.General characteristics of legal science Roman society - this is the knowledge that must be present in the mind of every legal practitioners.This knowledge is one useful basis for which to create this "textbook of Roman law."It is in the "institution" survived those rules that show the Roman law in its early stages of development.Guy brought together the rules that existed even in doimpersky period.Of course, this heritage is a very interesting finding.
sources "institutions»
No legal phenomenon does not appear out of nowhere, even the "Institutions" Guy.The sources of this phenomenon existed for many years before Guy decided to create this tutorial."Institutions" have a lot of sources, but you can select the most important, namely:
- Laws XII tables - is the source of all osnovopolozhny Roman law as a whole.
- Constitution consuls.
- edicts and decrees of the magistrates.
- Gazette on conducting civil litigation, the practical activities of lawyers.
«Institutions» Guy, a general description of which is given above, have their internal structure.Instruction for legal practitioners consists of four books, each of which are considered separate rule of law with the notes.
Conclusion In this article we have tried to clarify the question of what the "Institutions" Guy.General characteristics and structure are explained in the article as soon as possible to more accurately and fully convey information about the surviving monuments of the Roman private law.
