SHERP

로마법과 비교법
Comparative Law in Roman Law

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Authors
최병조
Issue Date
2007
Publisher
서울대학교 법학연구소
Citation
법학, Vol.48 No4 pp.1-34
Keywords
그리스 고전그리스법로마법이방법Greek ClassicsIus GentiumLocal LawsRoman LawComparative LawForeign Laws비교법시민법
Abstract
This article is dedicated to a survey of comparative law in Roman law. As a whole, the general attitude of the Roman jurists to foreign laws is to be characterized as Rome-centered. They encountered their Roman legal problems with their own Roman legal instruments. When they had to deal with problems arising from various foreign contacts, they normally reached at Romanized solutions by interpreting foreign legal institutions and concepts in the Roman way as the practice of imperial rescripts shows. Only extremely few cases are known where they allowed priority in application to foreign laws over the Roman law. Sometimes they proceeded against foreign laws in view of the Roman boni mores or in respect of good policy. They, however, never failed to respond to the challenges foreign laws engendered. Even though the unified Roman world always gave precedence to the Roman law of urbs Roma, the Roman government and jurists never levelled off entirely the local customs and traditional laws. Among the known Roman jurists, Gaius, the author of the Institutes, was probably the exception who made use of foreign legal materials in a comparative perspective to help law students understand their own law more precisely. But due to their great work of ius gentium, i.e. a body of law encompassing substantial legal norms common to all the civilized nations, their achievements in comparative law were destined to be negligible. They also had no need of developing a system of private international law. As an appendix I have made a classified list of Greek citations in the Digest and the Institutes of Justinian.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10189
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 48, Number 1/4 (2007)
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