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Limitations of Roman law: In nature, Roman law was a rule formulated and implemented by the ruling class of the Roman Empire, including the aristocracy and slave owners, in order to protect their own interests. The role of Roman law:
For the Roman state at that time, to a certain extent, the contradictions between classes were eased, which was conducive to rule and management, and the spirit of the legal system was established in that era.
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Limitations: 1. It embodies the interests of the rulers of the empire, and for the governed, it can only bear righteousness 2. It excludes slaves from the object of law 3. It does not hold slaves with any rights. What it does:
1. It laid the foundation of the modern European legal system, 2. It maintained the political and economic rule of the Roman Empire, and 3. It provided a theoretical foundation for the bourgeoisie to defeat the feudal forces and complete the bourgeois revolution.
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The limitation was that this law protected the class interests of Roman slave owners, but it was very unfair to the majority of slaves or commoners. The role of this law was to preserve the rule of the Roman Empire, to enable the bourgeoisie to have a legal basis to follow, and to lay the foundation of the European legal system.
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It is a system that protects slave owners, protects the rights of slave owners, protects the property of slave owners, is to consolidate the code of slavery, and to protect the interests of the exploiting class
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Roman law was applied to Roman citizens and to adult males of the state except women, slaves, and minors.
The law of the Roman slave state, generally referred to as the general term for the laws of the Roman slave state, existed throughout the historical period of the Roman slave state. It includes the laws of the Roman state from the beginning of the Roman state to the fall of the Western Roman Empire, as well as the orders of the emperor, the proclamations of the senate, statutory law, and some customary laws. It also includes the laws of the Eastern Roman Emperor before the middle of the 6th century AD.
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Limitations of Roman law: Law is the embodiment of the will of the ruling class. Roman law was made mainly to reflect the interests of the rulers of the empire, and for the ruled, only obligations were imposed and unjust punishments were imposed.
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The rights of women, slaves and gentlemen were restricted, and debt slavery was prescribed.
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For a long time, the peoples of the occupied countries had a different legal status from the Romans.
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Protect private property from infringement.
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The legal system of ancient Rome adapted to the needs of the social, political, economic and cultural development of the time, and can be called the most complete legal system in the ancient world.
The history of the development of the ancient Roman legal system reflects the spirit of the Roman people advocating the rule of law and their determination to pursue legal equality. Roman law had a profound impact on the legal systems of later European countries with its rich content and relatively complete form, and at the same time, the spirit of the rule of law and legal awareness of the ancient Romans set an example for future generations.
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The role of Roman law for later generations:
1.Both French and German law in the civil law system inherited Roman law2The private law system of Roman law was borrowed and developed by the bourgeois civil legislation of the Western European continent.
3.Many of the principles and institutions of Roman law have also been adopted by the legal system of modern times.
Effect on the country:
1. The formation of the Roman private law system, for example, the French Civil Code in 1806 inherited the law of persons, property law, procedural law, 2, the system and legal principles have an impact on bourgeois legislation, such as the legal person system, property rights, and the contract system3, many concepts and terms such as **, legal acts are inherited by later generations of bourgeois legislation4, the ideological doctrine of Luo jurists and the development of Roman law, are also an important part of bourgeois jurisprudence in later generations.
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Purpose: As Roman society became more civilized, the law gradually affected all areas of state and individual life. The timely formulation and effective implementation of various laws and regulations have improved the efficiency of state officials at all levels and standardized their political behavior. adjudicating a large number of commercial disputes and protecting legitimate business interests; At the same time, it also regulated personal property relations such as debts and inheritance, and reduced the tension between various social strata, which was conducive to the long-term stability and prosperity of the Roman Empire.
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Roman law, in a narrow sense, is a general term for the legal norms established by the Roman Republic and the Roman Empire. The history of the systematic spread of Roman law began during the Eastern Roman Empire and reached its peak during the reign of Emperor Justinian I. After the Eastern Roman Empire closed itself off, the Western Roman Empire collapsed, and the European continent entered the Middle Ages, when the culture and civilization were relatively dark, and the main body of Roman law was lost for more than 600 years.
However, with the excavation of complete documents of Roman law and the ideas of the Renaissance, Roman law became the object of study and promotion by various forces throughout the European continent. The post-Renaissance European legal system, also known as "public law" or "civil law", was established on the basis of the study of ancient Roman law, and was regarded as the common wealth of the entire European civilization, in order to distinguish it from the classical Roman law before the sixth century AD. Roman law in the broad sense can include this layer of civil law.
Roman law is the foundation of the legal systems of many countries today. The so-called "civil law" has its origins in Roman law. Civil law countries in Europe, as well as many countries in South America, have strong ties to Roman law because of the French Civil Code.
In countries and regions where the common law system applies, especially in later political regions such as the United States, Australia, Hong Kong, etc., the influence of Roman law is relatively small. However, in England, Roman law, although not legally enforceable, has been an important legal argument that the courts have never dared to ignore publicly. The Scottish region of the United Kingdom is still a mixed system of civil law (Roman law) and common law.
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The main influences are as follows: (1) It provides an ideological source for the civil rights theory of the emerging bourgeoisie, and provides an answer theory for the bourgeoisie to defeat the church and the secular Huifeudal forces**; (2) provides a ready-made legal form for the development and consolidation of the capitalist economy; (3) It provides a model for the legislation of modern continental European countries. (4) The legal concept of equality and justice put forward by the Romans had an influence on the legislation of European countries in later generations, (5) the emergence of various legal terms and (6) the existence of legal systems in Rome, such as the Law of Inheritance, etc.
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