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Reflexion of Institutions of Roman Law of Persons in Modern Codifications

Publication at Faculty of Law |
2015

Abstract

The chapter focuses on the influence of Roman law on the modern law of persons. Although the law of persons is less influenced by the Roman law if compared with other branches of law, particularly with the property law, we may find certain parallels or identical institutions in the ancient and modern legal orders.

Some of these institutions were chosen to compare the Roman law sources with the ABGB and the Czech Civil code provisions. Specifically, the nasciturus, the definition of consanguinity and the counting of the consanguinity grades, the affinitas, as well as the alimentation duty between relatives are addressed in this chapter.

Finally, further examples of the institutions of the Roman law of persons that have been absorbed in today's legal order are mentioned.