Abstract. In the present paper we analyse the state of facts of robbing of a grave in German folk laws. We pay special regard to the issue to what extent the impacts of Roman law and the Church and primarily German customary law can be demonstrated in the system of state of facts and sanctions of specifi c laws. This investigation requires the analysis of the legal source base as well as some examination in the history of language, which allows a comparative analysis of the issue and helps to highlight the various layers of the norms of German folk laws by the example of this state of facts.
Abstract. Beginning with the well-known fact that one lost a lawsuit if he made even a single verbal mistake in his speech during the process of the legis actio (Gai. inst. 4, 11. 30), we have to examine through some examples the power of verbality in ius sacrum. (I.) We study the development of the concept of fatum (II.), a narration of Plinius maior concerning the dedicatio of the templum of Ops Opifera (III.), another narration based on a source of Plinius related to a special interpretation of prodigium (IV.), as well as parallels that can be discovered between "fruges excantare" and the ceremony of the evocatio (V.). From these one could gain a picture of connection between Roman religion and jurisprudence of the Archaic Age and the spoken word.Keywords: legis actio sacramento, ius sacrum, dedicatio, evocatio, procuraio prodigii I. The description of the ritual of legis actio sacramento im rem is provided by Gaius.1 This is the locus that should be brought into harmony with the explanation of the meaning of manum conserere given by Gellius, and with the * Associate Professor, Reformed University "Károli Gáspár", Faculty of Law and above presented text. Aulus Gellius in Noctes Atticae 2 wants to get an explanation for the origin and meaning of "ex iure manum consertum", an expression coming from the old legis actio claims, from a renowned grammaticus, who first refuses to answer the question since he deals with grammatica, Vergilius, Plautus and Ennius. In reply, Gellius remarks that it was exactly chapter eight of Ennius's Annales where he found the phrase; in turn the grammaticus asserts that Ennius drew this expression not from legal but poetic language. The actual explanation follows after that.3 Consequently, according to Gellius, manum conserere means grasping the object of dispute manually (manu prendere), which corresponds to Gaius's phrase rem apprehendere; however, in view of its purpose it has definitely separated from that in the course of time. 4 According to Gaius's locus, the assertion of "property" or "stronger right to possess" 5 by both parties through uttering the sentence "HUNC EGO HOMINEM EX IURE QUIRITIUM MEUM ESSE AIO" refers to things present in iure and grasped manually. Thus, initially vindicatio-just as mancipatio 6 -was created for transactions involving chattels of greater value (i.e., slaves and draught animals) since the thought that rule over a single land can be exercised merely by placing a rod or hands on it would suppose considerable abstraction of generally accepted formalism, hardly reconciled with the way of thinking of ab utroque accipiebat sacramenti causa, quod id in publicum cedebat. Festuca autem utebantur quasi hastae loco, signo quodam iusti dominii, quando iusto dominio ea maxime sua esse credebant, quae ex hostibus cepissent; unde in centumviralibus iudiciis hasta proponitur.2 Gellius, Noctes Atticae 20, 10, 1-10. 3 Gellius, Noctes Atticae 20, 10, 7. sqq. "Manum conserere." Nam de qua re disceptatur in iure in re praesenti sive ager sive quid aliud est, cum a...
Abstract. The social structure of the 8th c. Bavaria reveals a highly dynamic picture: by the age of the last two ruling dukes of the Agilolfing dynasty, Odilo and Tassilo III, a system of personal statuses had crystallised that can be reconstructed from legal sources and charters, on the one hand; and the development of Bavarian nobility and the manifestation of this process in legislation can be dated to this period, on the other. After outlining the political/historical background (I.); this paper intends to give an in-depth investigation of this issue: following comments on the concept of libertas, the legal status of freemen (liberi) and servants (servi) will be looked at in the mirror of Lex Baiuvariorum (II); then, the relation between the duke and ancient Bavarian genealogiae, the development of the layer of the adalscalhae, the birth of the Bavarian order of nobles and its appearance in the resolutions of the Council of Dingolfing, and the issue of Bavarian counties prior to the Carolingians seizing power will be exposed relying on legal and literary sources (III).
Almost all German codices – except for Lex Saxonum, Lex Thuringorum, and Ewa Chamavorum – extensively discuss legal protection of the grave and the dead body and sanction persons who disgrace them. This scope of issues is dwelt upon in details by Edictum Theodorici, Leges Visigothorum, Lex Burgundionum, Edictus Rothari, Lex Salica, Lex Ribuaria, the Pactus, Lex Alamannorum, and Lex Baiuvariorum.In the present paper, we analyse the state of facts that constitute grave robbery in Frankish laws. This investigation requires the analysis of the legal source base as well as some examination in the history of language, which allows a comparative analysis of the issue and helps to highlight the various layers of the norms of Frankish laws by the example of this state of facts.
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