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Interpretation Pitfalls of Digest of Justinian

Publication at Faculty of Law |
2020

Abstract

The interpretation of legal rules is an integral part of the functioning of law. If the object of interpretation is regulation as old as in the Digest, the famous part of the codification of law of the emperor Justinian from 533, we may face some problems with interpreting the rules correctly.

The reason is, that the text is a compilation of fragments of hundreds of works created by dozens of lawyers during a period of more than three hundred centuries. The chapters of this monograph focus on different branches of the Roman law.

First of all, the notion familia is analysed with the aim to identify all its meanings in which it is used in the Digest. Next chapter studies the problem of the fructus sine usu, i.e. the acquisition of fruits from a thing to which the acquirer does not have the right of use.

Following chapter deals with the relationship between testamentary and intestate succession. Last chapter is dedicated to the crimen falsi, and covers therefore the branch of public law.

The main object of the monograph is to illustrate the pitfalls of interpretation which all romanists studying Digest of Justinian have to face.