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1. Maintain the rule of the Roman Empire, the timely formulation and effective implementation of various laws and regulations; At the same time, personal property relations such as debts and inheritances are regulated.
It has eternal value that transcends time, region and nation; In particular, the impact on the legal system of continental Europe is more direct;
2. Regulating the social contradictions at that time was the precursor and source of the modern capitalist legal system; It provides humanity with a new form of governing the state, replacing man with the rule of law.
governance, which has promoted the progress of human civilization;
3. To promote the economic development of the empire, the Roman civil law borrowed from the laws of the Gentiles without touching the original civil law system, breaking through the limitations of the civil law and becoming simpler.
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The civil law bai in the narrow sense was a part of Roman law
During the Roman Empire, Roman law used DAOs to regulate relations between Roman citizens.
The power was mainly limited to Roman citizens, so it was called citizenship law.
In the course of the subsequent conquests of Rome, Roman law was constantly improved, and the civil law, which was originally limited to citizens within Rome, could no longer cope with the new situation, so the universal civil law was formulated.
Civil law in the broad sense is also Roman law.
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Jus publicum is the opposite of baijus privatum in Roman law.
The division between public and private law began with the Roman jurist Ur Pianus.
His criteria for division are:
The public law that stipulates the official duties of the state, such as the laws and regulations concerning the organization of the state, the management of public property, religious rituals and the election of officials;
It is private law that regulates personal interests, such as regulations regulating family, marriage, property rights, creditor's rights, debts and inheritance.
The norms of public law are mandatory and must be followed unconditionally by the parties, while the norms of private law are arbitrary and can be changed by the will of the parties.
Roman law placed procedural law in private law, holding that civil proceedings were for private interest and that the provisions governing litigation procedures were part of private law. At the same time, it regards theft, defamation, etc., as acts of infringement of private rights, which are the objects of private law. The relationship between public law and private law has changed from time to time.
With the improvement of state management, some issues that were originally private law have gradually been brought into the scope of public law; But in general, Rome's private law was more developed than public law, especially after the emergence of the prefect's law, which adapted to the development of the commodity economy and established a complete private law system.
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The Twelve Bronze Tables was the first written law of Rome and the basic law, and later Roman laws were introduced on the basis of the Twelve Bronze Tables.
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There are several differences between the two:
1. The objects are different
1) The object of citizenship law is the Roman citizen;
2) the object of the universal civil law is between Roman citizens and non-Roman citizens, non-Roman citizens;
2. The content is different
1) The content of civil law is more public law;
2) the content of the civil law is the law of ownership and debt;
1) The first of the civil law is the resolution of the popular assembly, the senate, and the norms of customary law;
2) the ** of the universal civil law is the "private law" norms inherent in Rome that have been cleared of formalism; the norms of other peoples who had contact with the Romans; and the commercial customs and regulations common to Mediterranean merchants;
4. The procedure is different
1) Procedural formalism in citizenship law;
2) The procedures of the universal civil law are more flexible.
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Differences: 1. The scope of application of Roman law is limited to Roman citizens.
2. It was used to regulate the relationship between Roman citizens and was called the law of citizenship.
3. The law of all peoples, applicable to all freemen within the limits of Roman rule.
4. The relationship that regulates all the freemen of the Roman Empire is called the "Law of All Peoples".
5. The difference between the Citizenship Law and the Civil Law is mainly in the scope of application, and the scope of application of the Civil Law is greaterThe difference and unity between the Citizenship Law and the Civil Law are greater
1 The two laws apply to different groups of people. The law that regulated the citizens of Rome was called the "Law of Citizens," and the law that regulated all the free people within the limits of Roman rule was called the "Law of the Nations."
2 The unification of the civil law and the universal civil law was the imperial decree issued by the Emperor Caracalla, and all the freedmen of the empire were granted citizenship rights, which made the distinction between the Gentiles and the domestic gradually disappear in law, and also unified the civil law with the universal civil law.
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Citizenship laws are less applicable Gentiles, slaves, women have no rights....The big head takes points.
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Answer]: abThe division between ordinary and equitable law belongs to the common law system, while the Roman law belongs to the civil law system and should be divided into public law and private law.
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