SOC048 The Influence and Abandonment of Roman Law Tradition

Faculty of Law
Spring 2020
Extent and Intensity
2/0/0. 6 credit(s). Type of Completion: zk (examination).
JUDr. Mgr. Radek Černoch, Ph.D. (lecturer)
JUDr. Ondřej Horák, Ph.D. (lecturer)
doc. JUDr. Pavel Salák, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Pavel Salák, Ph.D.
Department of the History of the State and Law - Faculty of Law
Contact Person: doc. JUDr. Ing. Michal Radvan, Ph.D.
Supplier department: Department of the History of the State and Law - Faculty of Law
This course is suitable for students of law. There are no special requirements or prerequisites. Previous knowledge of Roman or civil law is of advantage, but not necessary.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 15 student(s).
Current registration and enrolment status: enrolled: 0/15, only registered: 0/15
Fields of study the course is directly associated with
Course objectives
The aim of the course is to bring a closer view of Roman law origin of specific principles or legal institutions and their destiny in codifications of private law in 19th–21st century, and demonstrate selected examples. Examples compare Roman law regulation with the Austrian (then Czech as well) ABGB /1811/, the Draft of Civil Code 1937, and both codifications from the Communist era – Czechoslovak Civil Codes 1950 and 1964. The situation after return to capitalism after the year 1989 is also examined, as well as comparison with the current Czech Civil Code. Student will understand the developmental tendencies of particular legal institutes, be able to indentify the influence of political situation on the legal regulation and to discuss the impact of this regulation on live of individual.

Students should be able to:
Understand the specifics of the history of state and law in the Middle-European area
Comprehend the connotation between political and social changes and the legal regulation
To orientate themselves in the problematics of Roman-law influence upon private law
Analyse the legal regulation and its real function in historical context
Learning outcomes
At the end of the course, students will be able to:
- Summarize the historical development of Roman law in ancient times
- Describe and compare the influence of Roman law to the medieval and modern law
- Analyze specific institutes of private law, their development and interconnection
- Compare the congruences and differences of specific institutes in Roman law and contemporary legal order
  • 1. Introduction to the Czech Legal History
  • 2. Civil Law in 19th–21st Century
  • 3. Parental Power (patria potestas)
  • 4. Treasure Trove
  • 5. Usucaption
  • 6. The Surfaces Cedes to Land (superficies solo cedit)
  • 7. Pledge Forfeit
  • 8. Law of Obligation – Liability (custodia)
  • 9. Law of Obligation – contract for the work done (locatio operis) or contract of sale?
  • 10. Law of Obligation – Extreme Shortening of Price (laesio enormis)
  • 11. Law of Succession – Heir of Individual Thing (heres ex re certa) and Legacy
  • 12. Law of Succession – Falcidian Portion
  • 13. Summary
  • KUKLÍK, Jan. Czech law in historical contexts. First edition. 239 stran. ISBN 9788024628608. info
  • Salák Pavel, Horák Ondřej et al.. Law of Succession in the Middle-European Area. 1. vyd. Cracow: Spolok Slovákov v Poľsku – Towarzystwo Słowaków, 2015. s. 32-44, 13 s. ISBN 978-83-7490-848-1.
  • SALÁK, Pavel. Schatzfund im tschechischen Recht nach 1918. Forum iuris europaneum, trnava: Trnavská univerzita v Trnave, 2015, 3/2015, No 2, p. 5-22. ISSN 1339-4401. info
Teaching methods
Interactive lecture – lecture with discussion
Assessment methods
Written test
Language of instruction
Further Comments
The course is taught annually.
The course is taught: every week.
The course is also listed under the following terms Spring 2018, Spring 2019, Autumn 2019.
  • Enrolment Statistics (Spring 2020, recent)
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