The characteristics of Roman Private Law Sources

Abstract

The article establishes that the sources of Roman Private Law are the ways of consolidation and external expression of legal norms which, in their entirety, were aimed at regulating private legal relations.

It is argued that the key sources of Roman Private Law should be divided into the following groups: laws (leges) – these were normative acts issued by the legislative bodies of the Roman Republic or Empire (the most important laws were the XII Tables (Lex Duodecim Tabularum), which became the first codified law in Roman history); customs (mores) – these were the norms of behaviour which were generally recognised by the Roman public (customs arose from complex relationships between people and resolved certain issues which laws did not regulate); judicial decisions (iudicia) were court decisions that served as an example for subsequent decisions in similar cases (they were considered one of the most important sources of Roman Private Law, as they ensured legal stability and progressive development of law); legal writings (responsa, iura, commentarii) were works of famous Roman lawyers containing legal opinions and views on various issues of law (they became an important source of law as they provided interpretation of laws and established legal practice); agreements (pacta) were agreements between parties on certain issues (they played an important role in Roman Private Law as they provided legal protection to the parties and regulated their relations).

The author emphasises the need for further understanding of the sources of Roman law, formulation of the latest recommendations based on the positions of ancient researchers and finding in these positions the latest solutions to the problems existing in society in the context of modern legal thought. This should be achieved through research in various branches of law, as well as relevant scientific events, conferences, competitions involving students, etc.