The Contribution Of Roman Law

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Law of Obligations The scope of this essay is to introduce the contribution of Roman law to an understanding of the modern law of Obligations in England and Wales. The true is that the Roman Law played a decisive role in Modern Law of Obligation and the first point that can support this perspective is the obligation’s etymology that come from Latin word “oblige” – “obligare” (infinitive), which means to “bind”, “to put under obligation” and more specific from “ob-” (=to) “+ligare” (=bind). Thus, the main meaning of the word “obligation” exists from 1500s. Furthermore, it was adopted as a common legislative code of most states - kingdoms of Europe, like Greece and applicable when not in conflict with current legislation, hence the term…show more content…
As opposed to the laws of Roman and German family (including the laws of central and southern European countries, among them the Greek), the basis of English law is not based on the power of the legislature, but in case law. Judges of English law are invited to create juridical rules by awarding each justice, and this is because the binding force of judicial precedent. These rules shall not cease to be binding even if they have fallen into disuse for a long time. There are also recurrent problems for the law like gravity of fault and seriousness of intent. The archaeology of obligation started with “the norm of reciprocity” which is the desire that individuals must react positively to each other, the scales of justice that the scales are held more often by Lady of Justice, a figure in Western modern common law, the ambiguity of wrongdoing and the “public” and the “private” . In the other hand, Roman law is the legal system of ancient Rome and generally of the Roman Empire. While the western part of the Roman Empire was overthrown in 476 and the character of the eastern part changed substantially over the centuries, the Roman Empire continued for centuries to affect the course of human history. The Roman law continued to be used by the Byzantine Emperors and the Germans rulers of the West. The Latin language was considered for centuries the language of educated people. In 450 BC, they have succeeded to record the law, which
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