The influence of the Roman ius civile, its terminology and iusnaturalistic principles on the final version of chosen institutes of the new czech civil code
Abstract
The article is focused on the influence of the Roman ius civile, its terminology and principles of natural law, on the chosen institutes of the new Czech Civil Code. New Civil Code of the Czech Republic - the Act No. 89/2012 Coll. - has become effective on January 1, 2014.
The new Civil Code, as the whole European legal culture, is based on the Roman law. It is possible to say that Roman law is always deemed to be the background of the continental private law, and its legal structures were also an important reference point when drafting the Civil Code.
The new Civil Code contains principles of Roman law in the introductory paragraphs, such as those from Digest: to live honorably, not to harm any other person and to render to each his own. There are also mentioned the most significant changes introduced by the new Civil Code with respect to the current state of private law.
There are introduced some institutes in the Czech law that were derived from Roman law, and were not contained in the legal system of the Czech Republic for decades, as superficies solo cedit, res nullius and the occupation of abandoned things, affinity, etc. Often the rules are detailed and casuistic, as were the legal rules of Roman law (for example paragraphs on wild animals, the easements or provisions regarding the ownership).
The influence of Roman law on the new Civil Code is undeniable.