LAW rule of conduct, just and obligatory, promulgated by a legitimate body. St.

t. Thomas ROMAN LAW: oftentimes interchangeably with Civil aw. used

metal tablets and set up on the forum. #. Re*ublican Peri'd law was developed through the rise of a number of %urists. )boo1s were written: aw on persons, "eal "ights and ,bligations with monographs and commentaries* ;. +lassical Peri'd $mperor Caesar gave importance to the opinions of the jurists. ater, their opinions became decisions. Legal Literature was produced )one of the most important wor1s in this period* Pauls Quaestiones and Modestinus Responsa )most outstanding writing* 5. P'st +lassical Peri'd The jurists became the official advisers and who prepare the statutes. ,n 9uestion of laws, the majority opinion prevails than individual opinions. aw degree was re9uired for government employment. $UST%N%AN +O,%-%+AT%ON the most significant in the history of "oman aw. The codification was necessary in order to revise all e4isting law and to correct all inconsistencies. +ORPUS $UR%S )<ody of aw*: !. %nstitutes an introduction to the entire wor1. &t came from commentaries )boo1 on persons, obligations and action* #. ,i.ests 'r Pandects the purpose it to e4tract the spirit of jurisprudence from the decision made )from the 9uestions and disputes of the "oman civilians* ;. +'dex contains =ublic and Criminal aw, based on the constitutions or documents issued from the $mperor. 5. N'vels 'r N'vellae +'nstituti'nes relates to =ublic and $cclesiastical /ffairs, =rivate aw and &ntestate Succession.

!. Extensive Sense legal rules and principles which were in force among "omans without reference to the time when they were adopted. #. Restricted Sense law compiled under the support of the $mperor %ustinian and his successors, comprising the &nstitutes, 'igest and (ovels, collectively denominated )body of civil law* to which all refer now as the authority or written reason, # '&+&S&,(S ,- ",./( /0: !. Public Laws are the political, administrative and public international laws, including criminal and procedure. #. Private Laws 1nown as 2civil law3 which includes mercantile law, private international law and civil procedure. &t covers rules defining the rights and duties of the members of the community which arise from their mutual relations and to society for the protection of private interest. AUGUST 30 !"#0 effectivity date of the (ew Civil Code ).anuel "o4as, $, 56* 7&ST,"8 ,- ",./( /0: - 'uring the "oman $mpire, the emperors became the absolute rulers. Christianity became the state religion. "ome was the coti9ueror, civili:er and law giver. PRE-$UST%N%AN ERA: !. Arc&aic Peri'd "ome was an /ristocratic (ation controlled by the Senate. The "oman Senators held a magistry and perform public rites and gave advice on 9uestions of law. o TWEL(E TA)LES collection of legal principles engraved on

ROMAN LAW Prelim Reviewer R.A. 2010-2011

)ARTOL%STS applied "oman aw to practical problems of government administration. %US 2whole body of law3 )legal system* !. )r'ad Sense whole system of law )rights and duties protected and enforced* #. S*eci/ic Sense the right of the person $UST%+E to render everyone his due $UR%SPRU,EN+E the study of both human and divine law PU)L%+ LAW regulates the government of the state and defines its relation with the citi:ens PR%(ATE LAW determines the rights and duties of individuals !. $us Naturale 2law of nature3, represents more of the moral basis upon which law is founded. #. $us Gentiu0 2law of nation3, a magistry with the duty of deciding cases between citi:ens and foreigners )treaties* ;. $us +ivil 2law of citi:ens3, the law which the people ma1e for their own government and e4clusively for that state. WR%TTEN sources: LAWS drawn from several

b. ,ecreta 2decrees3, judicial sentences of the emperor in cases submitted to him for judgment c. Mandata 2mandate3, instructions which the emperor addressed to a public function d. Rescri*ta 2rescripts3, answers given by the emperor to the magistrates for decisions of doubtful points. d.!. E*ist'la reply to an official>s in9uiry d.#. Subscri*ti' reply to a private person ;. Ma.istratiu0 Edicta statements of the rules to be followed by a magistrate in deciding cases. a. Edictu0 Per*etuu0 the praetor published a list of rules by he which intended to be bound. b. Edictu0 Re*entinu0 an emergency edict made to meet a particular case. 5. Res*'nsa Prudentu0 consisted of the answers and opinions of the jurists on legal 9uestions submitted to them. o $UR%S+ONSULTS one who interprets the law publicly. AE1U%TAS 2e9uity3 )e9ual or fair*, used an alternative to the word justum )lawful and just*. LAW ON PERSONS2 Personarum De Jure

!. P'sitive enactments of assemblies a. Le.es 2law3, proposed by different monarchs b. Plebiscita law enacted by the people c. Senatus +'nsulta law passed by senate or legislative body #. Princi*iu0 Placita imperial laws or direct e4pressions of the imperial will a. Edicta 2proclamations3 of the emperor

+APA+T%3 TO A+T power to do acts with legal effects, is ac9uired and may be lost through death. PERSONAL +APA+%T3 - any person being capable of having and being the subject to rights. $UR%,%+AL +APA+%T3 fitness to be the subject of legal relations
ROMAN LAW Prelim Reviewer R.A. 2010-2011

STATUS capacity of the individual for the e4ercise and enjoyment of legal rights and his susceptibility to incur obligations )EG%NN%NG O- PERSONAL%T32 - /t the time of birth - 0hen completely separated from the womb which is capable of surviving 3 T3PE O- STATUS: !. Libertas capacity to have and be the subject of rights and obligation of a -"$$./(. #. +ivitas - capacity to have and be the subject of rights and obligation of a ",./( C&T&?$(. ;. -a0ilia - capacity to have and be the subject of rights and obligation of a person belonging to a ",./( -/.& 8. -REE,OM the natural power to do what he pleases, unless prevented either by force or by law. SLA(ER3 an institution of the law of nations whereby one is made the property of another, contrary to natural right. PATR%A POTESTAS authority e4ercised by the head of the family. -AM%L%A all persons of the blood of the same ancestor@ head of the family@ all connected by agnation )under main blood*@ slaves of a man@ property of a pater familias of whatever sort. +AUSES -OR T4E R%SE O- PATR%A POTESTAS2 !. .arriage #. egitimation ;. /doption MARR%AGE the legal tie that is formed by the union of a man and woman carrying with it the mode of life in which they are inseparable. NUPT%A the ceremony which leads to the formation of the tie. 3 ESSENT%AL Roman Law) RE1U%S%TES2 (under

!5 +'nsent '/ Parties a. +'n/arreati' religious ceremony solemni:ed by a priest b. +'e0*ti' symbolic purchase of the wife in the presence of A witnesses and a balance holder. c. Usus cohabitation of a man and a woman with the intention to marry within ! year. )if the wife absented herself for ; nights within one year, Bsus is interrupted* #. A.e '/ Pubert6 !5 yrs old )male*@ !# yrs old )female* ;. +'nnubiu0 legal power of contracting marriage )legal capacity* a. +iti7ens&i* both parties must be "omans b. +'nsan.uinitas 2blood relationship3, prohibits marriages falling within the degree of blood relationship. i. .arriages between Collateral "elatives ii. .arriage of !st cousincs iii. .an may not marry his paternal or maternal aunt c. A//initas marriages between 2in-laws3 d. Public P'lic6 'r P'litical Gr'und - )e4. Senator could not marry freed-woman@ guardian cannot marry his ward@ governor cannot marry an inhabitant* 5. %/ t&e *arties are Alieni $uris )dependent* the consent of the pater familias was necessary. SPONSAL%A promise to contract a tie wherein the parties, at the age of C and their respective pater familias assure their consent. +OMMUN%T3 PROPERT3 the new civil code eliminated the dowry system, although the parties may stipulate on it. )e4cept for cultures with dowry system* ,ONAT%ONS PROPTER NUPT%AS gifts that are given to the spouses by reason of their marriage.
ROMAN LAW Prelim Reviewer R.A. 2010-2011

,%(OR+E marriage

brea1ing

the

legal

tie

of

LEG%T%MAT%ON legal process wherein the offspring in concubinage were placed in the same position of legitimate children. A,OPT%ON act by which the relation of paternity and filiation are established between persons not related by nature. 8 -ORM O- A,OPT%O2 !. Plena same effect as the adoption #. Minus Plena the adopted son remained in the family of his natural father. A,OT%ON O- A PERSON AL%EN% $UR%S2 !. %n9ure +essi'n a fictitious lawsuit in which the adopting parent claims the adopted. #. Executi'n '/ deed '/ ad'*ti'n before a magistrate with the natural father e4pressing his consent. A,ROGAT%O adoption of a person sui juris@ not only adopted, but also those under his own potestas came under the control of the adopter. TERM%NAT%ON O- PATR%A POTESTAS2 !. 'eath of the pater or filius )father* #. oss or reduction of civil status of either parent or son ;. /ttainment of a public distinction 5. Bnworthy act of the pater familias A. $mancipation D. .arriage of children C. /doption TUTELA 2Tutor3, power given over a free person@ it is e4ercised over children and women. &t is ended when the pupil attained the age of puberty. 8 ,UT%ES O- A TUTOR2 !. To loo1 after the ward #. To administer the properties of the ward

TUTELAGE is ended by the death of either the pupil or the tutor +URA - Euardianship over persons which commences after the age of puberty. !. Min'ris e4ercised over adolescents, persons above !5 yrs old but below #A. #. Pr'di.ii curatorship over sepndthrifts ;. -uri'si 2madman3 5. Special case of of cura persons suffering from physical or mental defects.

,UT%ES AN, RESPONS%)%L%T%ES OGUAR,%ANS4%P2 (Exception to the rule that those appointed were obliged to accept it) !. =ossession of ; or more children. )grandchildren by a Son is counted@ not from daughter* #. $4treme poverty or ignorance ;. "endition of public services such as the holding of an important magistracy 5. .embership in the intellectual or privileged of aristocracy of philosophers and grammarians, rhetoricians, physicians A. <eing in a position adverse to that of the pupil, such as enmity against the father or the pupil D. The holding of ; or more unsolicited tutelages or curatorship C. &ll health of it prevents one from attending to his own affairs 6. 7e whose status has been 9uestioned by the father of the pupil F. =ersons above CG yrs old are e4cused !G.=ersons in the military service !!.Those absent in the service of the state !#.Creditors or debtors of the pupil TERM%NAT%ON O- GUAR,%ANS4%P2 !. 'eath of the guardian or ward #. $4piration of the term fi4ed in the testament )if appointed by testament* ;. Capitis 'iminutio suffered by tutor or his loss of citi:enship
ROMAN LAW Prelim Reviewer R.A. 2010-2011

5. /ttainment of the age of puberty for the tutela or #A yrs for the cura A. "emoval by magistrate on grounds of misconduct or e4treme negligence D. "etirement of the guardian

ROMAN LAW Prelim Reviewer R.A. 2010-2011