Balko O. The institution of marriage by Roman law and its reception in the continental type of legal system.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U006522

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

30-10-2015

Specialized Academic Board

Д 35.051.03

Ivan Franko National University of Lviv

Essay

The dissertation deals with the research of formation and development of the institution of marriage by Roman law and its reception in the countries of continental type of legal system. Stages of the institution of marriage in Roman law and changes that influenced the formation of marriage as an institution are specifically selected. Besides, the features of the existence of the institution of marriage a in the legal system of Ancient Rome are defined, in particular, typical uniformity of the relations regulated by the marriage, relative regulatory independence, the possibility of formation of general concepts in their own limits, which ensure the regulation of relations between spouses. The differences in understanding the institution of marriage in Ancient Rome and in continental law system are identified, as well as the factors which caused it. The level of influence of the ideas and principles of Roman law and decisions on matrimonial legal relations in the countries of continental law, including the law of Ukraine, which are common for representatives of continental type of legal system.

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