To describe a person`s position in the legal system, the Romans mainly used the term togeus. The individual could have been a Roman citizen (status civitatis) as opposed to foreigners, or he could have been free (status libertatis) as opposed to slaves, or he could have held a certain position in a Roman family (status familiae), either as head of the family (pater familias) or as a lower member – alieni iuris – living according to someone else`s law. Two types of status were senator and emperor. No one is legally obliged to judge a case. The judge had a great deal of leeway in the way he conducted the litigation. He looked at all the evidence and decided in the way that seemed right. Since the judge was neither a lawyer nor a legal engineer, he often consulted a lawyer about the technical aspects of the case, but he was not bound by the lawyer`s response. At the end of the dispute, if things were not clear to him, he could refuse to make a judgment by swearing that it was not clear. In addition, there was a maximum time limit for a judgement, which depended on certain technical issues (nature of the request, etc.). Traditionally, the origins of Roman jurisprudence are associated with Gnaeus Flavius. Flavius is said to have published around 300 BC.
J.-C. the formulas with the words that had to be pronounced in court to bring a lawsuit. Before the time of Flavius, these formulas would have been secret and known only to priests. Their publication allowed non-priests to explore the meaning of these legal texts. Whether this story is credible or not, jurists were active and legal treatises were written before the 2nd century BC. Written in greater numbers. Among the famous jurists of the Republican period are Quintus Mucius Scaevola, who wrote a vast treatise on all aspects of law, which later had a great influence, and Servius Sulpicius Rufus, a friend of Marcus Tullius Cicero. Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman Republic was replaced by the monarchical system of the Principate in 27 BC. Roman law is the legal system of ancient Rome, including legal developments spanning a thousand years of jurisprudence, from the Twelve Tablets (c. 449 BC) to the Corpus Juris Civilis (529 AD) ordered by the Eastern Roman Emperor Justinian I.
Roman law is the basic framework of civil law, the most widespread legal system today. and the terms are sometimes used interchangeably. The historical importance of Roman law is reflected in the continued use of Latin legal terminology in many of the legal systems it influenced, including the common law. The codices of Justinian, especially the Corpus Juris Civilis (529-534), continued to form the basis of legal practice in the empire during so-called Byzantine history. Leo III the Isaurian issued a new code, the Ecloga,[9] at the beginning of the 8th century. In the 9th century, Emperors Basil I and Leo VI the Wise commissioned a combined translation of the Codex and the Digest, parts of the Justinian codes, into Greek, which became known as the basilica. Roman law, as preserved in the codes of Justinian and in the basilica, remained the basis of legal practice in Greece and in the courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks and, together with the Syro-Roman code of law, also formed the basis of much of the Fetha Negest. which remained in force in Ethiopia until 1931. The family law of the Roman Republic sets the minimum age of marriage at 14 years for men and 12 years for women. No formal ceremony, religious or otherwise, was necessary.
However, the fathers of both families still had to agree. The male-dominated system also required the wife to bring her husband a dowry (usually a type of property), which then controlled her. But either spouse can divorce without having to go through any legal formalities. The Romans divided the law into written law, which they called jus scriptum, and unwritten law, known as jus non scriptum. The difference was that the written law had been created from the legislation on the basis of many other sources. These included proclamations and edicts issued by Roman magistrates, decisions of the Roman senate, and laws of the Roman emperor and legal leaders of eminent lawyers. Unwritten law was based on both custom and its daily use. Around 570 BC.
A.D., the Romans created the praetor system to settle conflicts. It has largely replaced the role of families and fathers in the legal system. Under the new system, the praetor, a powerful government official, received and investigated written complaints from citizens. The praetor decided whether or not to authorize a trial before a judge. The plaintiff, the person who filed the application and the defendant then presented their evidence to the judge. In the end, the lender decided the case and ordered reparation or compensation in case the plaintiff was successful. The praetor system treated crimes in the same way. In the Western world, only England, its colonies and the Scandinavian countries developed legal systems different from those of ancient Rome.