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

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* – Paul’s 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

Plebiscita – law enacted by the people c.ecreta – 2decrees3. o $UR%S+ONSULTS – one who interprets the law publicly.. instructions which the emperor addressed to a public function d. Senatus +'nsulta – law passed by senate or legislative body #. WR%TTEN sources: LAWS – drawn from several b. answers given by the emperor to the magistrates for decisions of doubtful points. b. used an alternative to the word justum )lawful and just*. Princi*iu0 Placita – imperial laws or direct e4pressions of the imperial will a.!. S*eci/ic Sense – the right of the person $UST%+E – to render everyone his due $UR%SPRU.istratiu0 Edicta – statements of the rules to be followed by a magistrate in deciding cases.)ARTOL%STS – applied "oman aw to practical problems of government administration. #. a magistry with the duty of deciding cases between citi:ens and foreigners )treaties* . Subscri*ti' – reply to a private person . Mandata – 2mandate3. %US – 2whole body of law3 )legal system* !. the law which the people ma1e for their own government and e4clusively for that state. proposed by different monarchs b. . E*ist'la – reply to an official>s in9uiry d. P'sitive – enactments of assemblies a. LAW ON PERSONS2 Personarum” “De Jure !.%+AL +APA+%T3 – fitness to be the subject of legal relations ROMAN LAW – Prelim Reviewer R. 5. represents more of the moral basis upon which law is founded. AE1U%TAS – 2e9uity3 )e9ual or fair*. Res*'nsa Prudentu0 – consisted of the answers and opinions of the jurists on legal 9uestions submitted to them. judicial sentences of the emperor in cases submitted to him for judgment c. Ma.any person being capable of having and being the subject to – 2law3. Le. Edicta – 2proclamations3 of the emperor +APA+T%3 TO A+T – power to do acts with legal effects. $us +ivil – 2law of citi:ens3. $UR%. )r'ad Sense – whole system of law )rights and duties protected and enforced* #. is ac9uired and may be lost through death. Rescri*ta – 2rescripts3. d.. 2010-2011 . $us Naturale – 2law of nature3. PERSONAL +APA+%T3 . Edictu0 Re*entinu0 – an emergency edict made to meet a particular case.A.#. Edictu0 Per*etuu0 – the praetor published a list of rules by he which intended to be bound.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 !. a. $us Gentiu0 – 2law of nation3.

capacity to have and be the subject of rights and obligation of a person belonging to a ". . prohibits marriages falling within the degree of blood relationship. -REE.& 8. )e4cept for cultures with dowry system* . +iti7ens&i* – both parties must be "omans b. A//initas – marriages between 2in-laws3 d. Bsus is interrupted* #. nights within one year. SLA(ER3 – an institution of the law of nations whereby one is made the property of another. +OMMUN%T3 PROPERT3 – the new civil code eliminated the dowry system. +'nsan. +AUSES -OR T4E R%SE O. Senator could not marry freed-woman@ guardian cannot marry his ward@ governor cannot marry an inhabitant* 5. although the parties may stipulate on it.OM – the natural power to do what he pleases.STATUS – capacity of the individual for the e4ercise and enjoyment of legal rights and his susceptibility to incur obligations )EG%NN%NG O./t the time of birth . unless prevented either by force or by law. #./( -/.PATR%A POTESTAS2 !. i. ROMAN LAW – Prelim Reviewer R.capacity to have and be the subject of rights and obligation of a ". . Libertas – capacity to have and be the subject of rights and obligation of a -"$$.e '/ Pubert6 – !5 yrs old )male*@ !# yrs old )female* . +'nnubiu0 – legal power of contracting marriage )legal capacity* a. +'e0*ti' – symbolic purchase of the wife in the presence of A witnesses and a balance holder. c. PATR%A POTESTAS – authority e4ercised by the head of the family. %/ t&e *arties are Alieni $uris )dependent* the consent of the pater familias was necessary. /doption MARR%AGE – the legal tie that is formed by the union of a man and woman carrying with it the mode of life in which they are inseparable.0hen completely separated from the womb which is capable of surviving 3 T3PE O. NUPT%A – the ceremony which leads to the formation of the tie. . . at the age of C and their respective pater familias assure their consent./(.arriage of !st cousincs iii. Public P'lic6 'r P'litical Gr'und . +ivitas .)e4.. 3 ESSENT%AL Roman Law) RE1U%S%TES2 (under !5 +'nsent '/ Parties a.STATUS: !.A.arriages between Collateral "elatives ii.PERSONAL%T32 ..arriage #. -AM%L%A – all persons of the blood of the same ancestor@ head of the family@ all connected by agnation )under main blood*@ slaves of a man@ property of a pater familias of whatever sort. A. +'n/arreati' – religious ceremony solemni:ed by a priest b.uinitas – 2blood relationship3. SPONSAL%A – promise to contract a tie wherein the parties. )if the wife absented herself for .an may not marry his paternal or maternal aunt c.. egitimation . contrary to natural right.. 2010-2011 ./( C&T&?$(.ONAT%ONS PROPTER NUPT%AS – gifts that are given to the spouses by reason of their marriage. . -a0ilia . Usus – cohabitation of a man and a woman with the intention to marry within ! year..

A. or more unsolicited tutelages or curatorship C. #.Creditors or debtors of the pupil TERM%NAT%ON O. 7e whose status has been 9uestioned by the father of the pupil F. Minus Plena – the adopted son remained in the family of his natural father. Capitis 'iminutio suffered by tutor or his loss of citi:enship ROMAN LAW – Prelim Reviewer R.PATR%A POTESTAS2 !.Euardianship over persons which commences after the age of puberty. $4piration of the term fi4ed in the testament )if appointed by testament* . such as enmity against the father or the pupil D. To administer the properties of the ward TUTELAGE – is ended by the death of either the pupil or the tutor +URA . Min'ris – e4ercised over adolescents. )grandchildren by a Son is counted@ not from daughter* #. "endition of public services such as the holding of an important magistracy 5. /doption TUTELA – 2Tutor3. persons above !5 yrs old but below #A. A. 'eath of the pater or filius )father* #. &ll health of it prevents one from attending to his own affairs 6.Those absent in the service of the state !#. =ossession of . .A. !.OPT%ON – act by which the relation of paternity and filiation are established between persons not related by nature. $mancipation D. /ttainment of a public distinction 5. The holding of . . %n9ure +essi'n – a fictitious lawsuit in which the adopting parent claims the adopted. Special case of of cura – persons suffering from physical or mental defects.%ANS4%P2 !.=ersons in the military service !!.GUAR.UT%ES AN. $4treme poverty or ignorance . To loo1 after the ward #.OPT%O2 !. rhetoricians. physicians A. or more children.A TUTOR2 !..A. Pr'di. 8 . Bnworthy act of the pater familias A..ii – curatorship over sepndthrifts . oss or reduction of civil status of either parent or son . Executi'n '/ deed '/ ad'*ti'n before a magistrate with the natural father e4pressing his consent.. #.. RESPONS%)%L%T%ES OGUAR. <eing in a position adverse to that of the pupil.%ANS4%P2 (Exception to the rule that those appointed were obliged to accept it) !.OT%ON O. 2010-2011 .arriage of children C.%(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.UT%ES O. A. . -uri'si – 2madman3 5. Plena – same effect as the adoption #. 8 -ORM O.A PERSON AL%EN% $UR%S2 !. but also those under his own potestas came under the control of the adopter. =ersons above CG yrs old are e4cused !G.. &t is ended when the pupil attained the age of puberty.embership in the intellectual or privileged of aristocracy of philosophers and grammarians. TERM%NAT%ON O. power given over a free person@ it is e4ercised over children and women.ROGAT%O – adoption of a person sui juris@ not only adopted. 'eath of the guardian or ward #.

"etirement of the guardian ROMAN LAW – Prelim Reviewer R.5.A. /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. 2010-2011 .