Roman Law Defination Superiority Of The Romans In Law

Superiority Of The Romans In Law

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in various departments like philosophy poetry oratory and fine arts the greeks could not be surpassed but they contributed almost nothing to the science of jurisprudence
in philosophy they greatly excelled the romans but in the cultivation of law the romans were far ahead not only of the greeks but all other nations of antiquity the romans were
eminently a practical people and they were the first nation who successfully cultivated law as a science apart from their general ability in the business of legislation their judicial system
was far more favourable than that of the greeks to the improvement of jurisprudence and to the gradual formation of a body of legal and equitable laws for several centuries
under the republic and the empire the praetors who were changed annually exercised the civil jurisdiction at rome it became the practice for every new praetor
on his accession to office to publish in administering justice during the tenure of his office these rules were handed down by the praetors to their successors and weremodified and improved in the course of time to suit

the exigencies of the community it was chiefly by these edicts by decisions of the judges and by the scientific works of eminent lawyers aided by the direct
action of the legislature that the ancient institutions were refined and the general body of the roman law was gradualy moulded into a system and brought to that
state of perfection which it ultimately attained

Sources Of Roman Law:

The sources of roman law have been discussed in detail in the foregoing topics we may now recapitulate the sources leges regiae the laws of the early kings

and customs comitia curiata comittia centuriata comitia tributa concilium plebis edicts of the praetors writtings of the jurisconsults and responsa prudentium
senatusconsulta and imperial constitutions

Terminations Of Marriage:

Marriage came to an end in the following ways by death of either party by either party becoming a slave or ceasing to be a citizen in case of marriage in manum
by either party undergoing capitis deminutio minima by divorce

The Law Of Divorce: Symbol of Money

Divorce Existed in Rome From The Earliest Times it did not require the sentence of a judge and no judicial proceeding were necessary it was condidered a private
act under the old law a marriage celebrated by confarreatio could be dissolved by an equally formal act of diffareatio another sacrifice to the jupiter in the presence
of pontiffs if the marriage was celebrated by coemptio or usus it could be dissolved by emancipating the wife i e by a fictitious sale to a person who manumitted the
wife one sale was enough to break the tie

When Marriage ? CLick Here...

in manum had become obsolete marriage could be dissolved in tow ways by divortium and by repudium the former occurred at the will of both the parties who culd dissolve
the marriage was sufficient expressions like manage your own affairs keep your own things to yourself etc were sufficient to break the tie but the lex
julia de adulteriis required a written bill of divorce t be delivered in the presence of seven roman cittizens above the age of puberty as witnesses though eventually
delivery was not necessary