| Abstract [eng] |
The objective of the dissertation is jurisprudence as the source of Roman law. The research into the Roman legal science focuses on various periods in the development of Roman law and it seeks to bring to light the particularities of the jurisprudence in each of the periods. The aim of this dissertation is to highlight the value of Roman jurisprudence, its influence on Roman law itself and on present day legal systems. In pursuit of the defined goal of the research, the methods used are historical, comparative, systemising, linguistic, logical and teleological. The conclusions derived from the research testify the Roman law was embraced thanks mainly to the jurisprudence: only after Roman law was analysed, interpreted and commented upon by legal scholars did it become clarified, comprehended and only then accepted, adapted and implemented in the law of later periods. Roman jurisprudence was created and spread on the basis of Roman values such as aequitas and humanitas, creativity, which manifested itself in the preparation of responsa and the performing of interpretatio. The creators of Roman legal science conceived of the essential harmony of the useful system of Law that incorporated both theory and practice. This enabled jurisprudence to influence the very development of Roman law and to take the important role among other sources of Roman law. Roman private law is almost exclusively the result of the legal thought and legal practice of representatives of Roman legal science. |
