| Abstract [eng] |
The obligation law in many European countries, including the Respublic of Lithuania, was influenced by Roman obligatory law. Huge influence of ideas, rules and principles in obligatory law formed in Ancient Rome, are not questioned. This Master thesis analyses, what exact influence Roman obligatory law made for contemporary law, i. e. what ideas, principles and rules made influence for the branch of law mentioned above and how it operated, what rules were adopted and how they are consolidated in contemporary law. The first part of this work reveals the conception of Roman obligation, genesis and formation of conception of contemporary obligation. The major features of common Roman law reception are also discussed here, the main moments of renewed interest in this system. The second part is devoted to analysis of the legal institutions in obligatory law, which made a great, basic influence to formation of contemporary civil law. This part has purpose to explore the concrete common Roman obligatory law rules, ideas, their genesis and influence to contemporary obligatory law. The institutions of obligatory law are analyzed in this work as it follows: the object of obligation, the parties of obligation and their changes, cooperation in obligation, the beginning and the end of obligation, the guarantees for obligation and responsibility for breach of obligation. Essentially the rules, that made the greatest influence for contemporary obligatory law are analyzed, while these, which made no influence to formation of contemporary obligatory law or made a minor influence, are not subject of analysis. New institutions, created by modern contemporary law, that did not exist in Roman times, the ones that appeared recently, are analyzed in the third part of this work, even the germ of them did not exist in Roman law – these are leasing, franchise, factoring. Master thesis explores what influence Roman obligatory law made on these institutions. |
