Roman law is the legal system of ancient Rome, including legal developments spanning a thousand years of jurisprudence, from the Twelve Tablets (c. 449 BC) to the Corpus Juris Civilis (529 AD) ordered by the Eastern Roman Emperor Justinian I. Roman law is the basic framework of civil law, the most widespread legal system today. and the terms are sometimes used interchangeably. The historical importance of Roman law is reflected in the continued use of Latin legal terminology in many of the legal systems it influenced, including the common law. The judicial process would be familiar to us today: opening speeches, examining and cross-examining witnesses, presenting other evidence such as documents and closing speeches. The Romans considered that any evidence of the personality of the accused was important. The judge may order the punishment of a witness who has perjured himself. It was necessary for a majority of the jury to find an accused guilty. If the jury split evenly, the accused would be released. This Corpus Juris of Justinian remained the most important code of law of what remained of the Roman imperial world long after the reign of Justinian. Its legal system continued to develop in the Eastern Empire until the fall of Constantinople to the Turks in the 15th century.

However, the real resurrection of Roman law took place in the West. The Corpus Juris Civilis was rediscovered in Bologna, Italy, at the end of the 11th century and became the reason for the foundation of Europe`s first university and the first law school. From then on, Roman law spread throughout Catholic Europe, England being an important exception. An important division of Roman law became what is now known as jus scriptum (written law) and jus non scriptum (unwritten law). The term unwritten law was strictly related to customs, while written law represented literally all law based on written sources and evidence. There were different types of written laws, the first of which consisted of leges or decrees of one of the general assemblies of the Roman people. They were a source of law only during the Republic. With the founding of the empire in 31 BC. The function of the assemblies was reduced to the formal ratification of the emperor`s wishes. The most important legia or laws were the Twelve Tablets, published in 451 BC. This was the first attempt by the Romans to create a code of law to prevent political class struggles. Little is known about the actual content of the twelve panels.

Unfortunately, the authentic text of the codex has not been completely preserved to this day and only a few fragments have been preserved. However, these fragments clearly show that many important legal issues such as family law, tort and court proceedings have been addressed by the Code. Many of today`s laws in the world date back to the beginnings with the twelve tablets. Between the years 753 and 31 BC. The Roman Republic introduced a series of writings known as ius civile, now known as civil law. This legislation was based on the Roman habits and customs of the time, but applied only to those who were Roman citizens. Ius gentium referred to the law of nations and also to the laws common to all humanity. They were man-made laws, but, as I said, „common to all mankind.” Today we would call ius gentium (in part) „international law”. The rules of diplomacy and state relations were governed by ius gentium. Laws relating to trade and commercial practices were also included in ius gentium – what we now call „private international law”. Most of the current legal systems practised in European countries have at the heart of their legislation categories and structures derived from Roman law. Researchers studying this show that there are many reasons for this link between Roman law and the laws of European countries.

In southern France, for example, Roman law has survived to this day and there are still remnants in use. Another important law of the Republican era is the Lex Aquilia of 286 BC. J.-C., which can be considered the root of modern tort law. Rome`s most important contribution to European legal culture, however, was not the enactment of well-drafted laws, but the emergence of a class of professional jurists (prudent, sing. prudens or jurisprudent) and jurisprudence. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject that the Greeks themselves never treated as a science. Thus, Roman law fell out of favor with the authorities long before the Reformation. However, the great legal writers in Britain, such as Ranulf de Glanvill (1130-1190), Chief Justiciar of England, and Henry de Bracton (c.1210-1268), a member of the clergy and royal judge, were steeped in the principles of Roman law and not only influenced successive legal authors, but were often cited before the courts, thus indirectly shaping judicial law in England. In his famous treatise De legibus et consuetudinibus Angliae (On the Laws and Customs of England), Bracton included, directly or indirectly, many passages from the Digest, Institutes, and Code of Justinian that have had significant influence and relevance in Western Europe since the eleventh century.17 Professor Osborough noted that such aspects of Roman law, which remain hidden today in common law doctrine, have their place in many cases on the Bracton legacy.18 In the Middle Ages (from about the 11th century) there was a revival of interest in Roman law. Initially, Roman law was studied only by scholars and taught in universities, with Bologna being the first place where Roman law was taught.

Soon, Roman law was applied in legal practice – especially in the field of civil law. (Civil Law, Count 96) This process of (re)adoption (reception) of Roman law took place at different times and to varying degrees throughout Europe (England is the most important exception). From about the 16th century, Roman law applied in almost all of Europe. However, in the adoption/reception process, many Roman rules were merged or modified with the legal norms of different European nations in order to adapt them. Thus, the Roman rules that applied in Europe at that time were by no means identical to the Roman law of antiquity. However, as the law that had developed was common in most European countries, it was called Ius Commune (customary law). (Civil Law, Count 96) Today, Roman law has been replaced by modern codes. These codes were created by transferring the rules of Roman law and placing them in a framework that offered a modern and systematic order.

This applies in particular to the German Civil Code as well as to the most modern European legal systems and constitutions. However, some Roman rules were directly implemented and still apply to all of us today. For example, the fact that we can return erroneous purchases to the store during a certain „grace period” has a Roman origin. In the time of Justinian, this principle was extended to all treaties and, as such, adopted by some European legal systems. The Tabelliones (later notarii), sometimes translated into English as „notaries”, wrote Roman legal documents. According to the edict of Emperor Antonius Pius (86-161 AD), a tabellio was entitled to a salarium (salary/honorary). Justinian introduced new rules for the corpus juris, which aimed to give the profession of tabellio a systematic sense of organization. In another development, notaries became secretaries to authorities, including the emperor. Under Charlemagne (768 to 814 AD), notarial acts acquired the same force and effect as a final judgment. The profession of notary flourished during the Renaissance and was endowed by Napoleon in March 1803 with functions and duties that survive today largely on the European continent and in countries around the world with a civil heritage. For a time, Roman law became the law of the Western world. Is the idea of „international law” practical in today`s world? Among the sources of our knowledge of Roman law in antiquity are laws, charters and written contents left by jurists.

Among these are the Institutes of Gaius, an unfinished manuscript of lessons from the 2nd century AD.