Historische bemerkungen zum pandektensystem
The pandectist system is the result of a lengthy development starting at the time of the glossators and ending during the 19th century. The Glossators and the Commentators based the presentation of the legal material on the system of the institutes developed by Gaius and the...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | German |
| Published: |
Universidad de Castilla-La Mancha: Facultad de Derecho y Ciencias Sociales. Area de Derecho Romano de Ciudad-Real
2013
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4451242 |
| Source: | RIDROM: Revista Internacional de Derecho Romano, ISSN 1989-1970, Nº. 11, 2013, pags. 150-165 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
The pandectist system is the result of a lengthy development
starting at the time of the glossators and ending during the 19th century.
The Glossators and the Commentators based the presentation of the legal
material on the system of the institutes developed by Gaius and the
compilators of emperor Justinian. The division into a general part and
special parts within the pandectist system is the idea of the
representants of the trend of natural law, in particular of Christian
Wolff, Joachim Georg Darjes and Daniel Nettelbladt. The �general part� of
the pandectist system is the achievement of the German science of
Pandects. The law of persons and the regulation regarding the legal
protection are rooted in Roman law whereas the parts on the subjective
law(s) and the theory of legal transactions are in relation with the
science of natural law. The pandectist system was elaborated by Georg
Friedrich Puchta and Friedrich Carl von Savigny. Savigny shows in his work
�System des heutigen römischen Rechts� the legal material in the
pandectist sytem (General part, Law of things, Law of obligations, Family
law and Law of successions). |
|---|