| Popis: |
With Novel 115, a piece of legislation from 542 AD, Roman emperor Justinian had sought to implement a rather far-reaching reform of the classical Roman law rules on mandatory family protection. However, he had failed to make clear whether this reform was meant to be exhaustive or whether it left room for the application of at least some of the older rules. Likewise, Justinian’s reform left doubt with respect to the remedies that were to be employed when rules on mandatory family protection were infringed. The chapter shows how the ius commune discussion on mandatory family protection concentrated on these difficulties. In essence, the different theories that were developed by medieval lawyers dominated the discussion even as late as in the nineteenth century and hindered the development of coherent and convincing rules on mandatory family protection. |
