Ius civile
The ius civile in Roman law was the totality of all legal norms that were applied exclusively to Roman citizens .
It consisted of a mos maiorum designated common law , the codification of the Twelve Tables , the as jus respondendi from the Emperor to individual outstanding jurists of the Roman Empire on points of law by legally binding right, conferred, reports (called responsae and digestae respond), and from the as Plebiscites denoted resolutions of the concilium plebis , the assembly of the members of the common people called plebeians . On the other hand, there was the ius honorarium , which was based on the edicts of the magistrates and was intended to supplement the rigid ius civile , and the provisions that governed dealings with foreigners and were called ius gentium .
In current jurisprudential language usage, the term ius civile stands for the specific civil law of a certain country and as such exists primarily in the form of national laws as a codified positive law . In contrast to this, the ius gentium in today's perspective comprises the legal norms that are common to the legal systems of all peoples and are therefore also referred to as the “right of all people” or as common international law.
Individual evidence
- ^ A b c Herbert Hausmaninger , Walter Selb : Roman private law. Böhlau Verlag , Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher), ISBN 3-205-07171-9 , p. 29 f.
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 20.
- ↑ Jan Dirk Harke : Roman Law, (From the classical period to the modern codifications). Verlag CH Beck, Munich 2008, ISBN 978-3-406-57405-4 , § 1 no. 8 (p. 8).