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125-525: Lex Cornelia refers to any ancient Roman law ( lex ) sponsored by an official whose gens name was Cornelius , particularly Sulla . Known examples of a lex Cornelia include: Lex Cornelia de iniuriis Lex Cornelia de praetoribus Lex Cornelia de proscriptione Lex Cornelia de provinciis Lex Cornelia de repetundis Lex Cornelia de sicariis et veneficis Lex Cornelia de maiestate Lex Cornelia de XX Quaestoribus Topics referred to by

250-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,

375-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all

500-828: A Vlach Knyaz in Maramureș , was sent by Louis I to establish a line of defense against the Golden Horde forces of Mongols on the Siret River . This expedition resulted in a polity vassal to Hungary, in the Baia ( Târgul Moldovei or Moldvabánya ) region. Bogdan of Cuhea , another Vlach voivode from Maramureș who had fallen out with the Hungarian king, crossed the Carpathians in 1359, took control of Moldavia, and succeeded in wrenching Moldavia from Hungarian control. His realm extended north to

625-551: A campaign under the command of Phynta de Mende (1324). In 1342 and 1345, the Hungarians were victorious in a battle against Tatar-Mongols ; the conflict was resolved by the death of Jani Beg , in 1357. The Polish chronicler Jan Długosz mentioned Moldavians (under the name Wallachians ) as having joined a military expedition in 1342, under King Władysław I , against the Margraviate of Brandenburg . In 1353, Dragoș , mentioned as

750-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were

875-511: A decrease in Ottoman demands after the threat of Russian annexation became real and the prospects of a better life led to waves of peasant emigration to neighboring lands. The effects of Ottoman control were also made less notable after the 1774 Treaty of Küçük Kaynarca allowed Russia to intervene in favour of Ottoman subjects of the Eastern Orthodox faith - leading to campaigns of petitioning by

1000-542: A duty to defend his fatherland"; according to Polish chronicler Jan Długosz , if someone was found without carrying a weapon, he was sentenced to death . Stephen reformed the army by promoting men from the landed free peasantry răzeși (i.e. something akin to freeholding yeomen ) to infantry ( voinici ) and light cavalry ( hânsari ), reducing his dependence on the boyars , and introduced guns. The Small Host ( Oastea Mică ) consisted of around 10,000 to 12,000 men. The Large Host ( Oastea Mare ), which could reach up to 40,000,

1125-564: A major blow to the cattle trade, as the region stood on the trade route to Central Europe. The Treaty of Jassy in 1792 forced the Ottoman Empire to cede Yedisan to the Russian Empire, which made Russian presence much more notable, given that the Empire acquired a common border with Moldavia. The first effect of this was the cession of the eastern half of Moldavia (renamed as Bessarabia ) to

1250-622: A major victory (the 1475 Battle of Vaslui ); after feeling threatened by Polish ambitions, he also attacked Galicia and resisted a Polish invasion in the Battle of the Cosmin Forest (1497). However, he had to surrender Chilia (now Kiliia) and Cetatea Albă (now Bilhorod-Dnistrovskyi), the two main fortresses in the Budjak , to the Ottomans in 1484, and in 1498 he had to accept Ottoman suzerainty, when he

1375-563: A military office) or to the Mare Vornic (approx. Governor of the Country; a civilian office second only to the Voievod , which was filled by the prince himself). Supplying the troops was by tradition-later-made-into-law the duty of the inhabitants of those lands on which the soldiers were present at a given time. The Moldavians' (as well as Wallachians') favourite military doctrine in (defensive) wars

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1500-544: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,

1625-629: A series of coins of Peter I and Stephen I minted by Saxon masters and with German legends, the reverses feature the name of Moldavia in the form Molderlang / Molderlant (recte: Molderland ). In several early references, Moldavia is rendered under the composite form Moldo-Wallachia (in the same way Wallachia may appear as Hungro-Wallachia ). Ottoman Turkish references to Moldavia included Boğdan Iflak ( بغدان افلاق , meaning ' Bogdan 's Wallachia') and Boğdan (and occasionally Kara-Boğdan , قره بغدان , "Black Bogdania"). See also names in other languages . The names of

1750-568: A trans-boundary group of radical union supporters which campaigned for a single state under a foreign dynasty. In 1856, under the terms of the Treaty of Paris , the Russian Empire returned to Moldavia a significant territory in southern Bessarabia (including a part of Budjak ), organised later as the Bolgrad , Cahul , and Ismail counties. Russian domination ended abruptly after the Crimean War , when

1875-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from

2000-562: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced

2125-529: Is different from Wikidata All article disambiguation pages All disambiguation pages Roman law Roman law is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c.  449 BC ), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms

2250-548: Is now part of Romania, the eastern side belongs to the Republic of Moldova , and the northern and southeastern parts are territories of Ukraine. The original and short-lived reference to the region was Bogdania , after Bogdan I , the founding figure of the principality. The names Moldavia and Moldova are derived from the name of the Moldova River ; however, the etymology is not known and there are several variants: On

2375-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before

2500-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)

2625-572: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and

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2750-563: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture

2875-554: The văcărit (a tax on head of cattle), first introduced by Iancu Sasul in the 1580s. The economic opportunities offered brought about a significant influx of Greek and Levantine financiers and officials, who entered a stiff competition with the high boyars over appointments to the Court. As the manor system suffered the blows of economic crises, and in the absence of salarisation (which implied that persons in office could decide their own income), obtaining princely appointment became

3000-588: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over

3125-572: The Cheremosh River , while the southern part of Moldavia was still occupied by the Tatar Mongols. After first residing in Baia, Bogdan moved Moldavia's seat to Siret (it was to remain there until Petru II Mușat moved it to Suceava ; it was finally moved to Iași under Alexandru Lăpușneanu - in 1565). The area around Suceava, roughly correspondent to future Bukovina , would later constitute one of

3250-610: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until

3375-746: The Latin diocese of Siret , this move did not have any lasting consequences. Despite remaining officially Eastern Orthodox and culturally connected with the Byzantine Empire after 1382, princes of the House of Bogdan-Mușat entered a conflict with the Constantinople Patriarchate about control of appointments to the newly founded Moldavian Metropolitan seat ; Patriarch Antony IV even cast an anathema over Moldavia after Roman I expelled Constantinople's candidate, sending him back to Byzantium. The crisis

3500-709: The Middle Ages ), archeological evidence and the Hypatian Chronicle (which is the only primary source that documents their history) suggest that they were a Slavic people . In the early 13th century, the Brodniks , a possible Slavic – Vlach vassal state of Halych , were present, alongside the Vlachs, in much of the region's territory (towards 1216, the Brodniks are mentioned as in service of Suzdal ). Somewhere in

3625-561: The Ottoman Turks at Cetatea Albă in 1420, and later even a conflict with the Poles. A deep crisis was to follow Alexandru's long reign, with his successors battling each other in a succession of wars that divided the country until the murder of Bogdan II and the ascension of Petru III Aron in 1451. Nevertheless, Moldavia was subject to further Hungarian interventions after that moment, as Matthias Corvinus deposed Aron and backed Alexăndrel to

3750-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law

3875-581: The Tatars ; this gave them great mobility and also flexibility, in case they found it more suitable to dismount their horses and fight in hand-to-hand combat, as it happened in 1422, when 400 horse archers were sent to aid Jagiellon Poland , Moldavia's overlord against the Teutonic Knights . When making eye-contact with the enemy, the horse archers would withdraw to a nearby forest and camouflage themselves with leaves and branches; according to Jan Długosz, when

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4000-561: The boyars or of the monasteries. Historian Nicolae Iorga associated the Roma people's arrival with the 1241 Mongol invasion of Europe and considered their slavery as a vestige of that era; he believed that the Romanians took the Roma as slaves from the Mongols and preserved their status to control their labor. Other historians consider that the Roma were enslaved while captured during the battles with

4125-543: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,

4250-461: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of

4375-464: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio

4500-467: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas

4625-510: The 11th century, a Viking named Rodfos was killed by Vlachs presumably in the area of what would become Moldavia. In 1164, the future Byzantine emperor Andronikos I Komnenos , was taken prisoner by Vlach shepherds in the same region. The Franciscan Friar William of Rubruck , who visited the court of the Great Khan in the 1250s, listed "the Blac", or Vlachs, among the peoples who paid tribute to

4750-634: The 1530s and 1540s, clashed with the Habsburg monarchy over his ambitions in Transylvania (losing possessions in the region to George Martinuzzi ), was defeated in Pokuttya by Poland, and failed in his attempt to extricate Moldavia from Ottoman rule – the country lost Bender to the Ottomans, who included it in their Silistra Eyalet . A period of profound crisis followed. Moldavia stopped issuing its own coinage c.  1520 , under Prince Ștefăniță , when it

4875-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of

5000-906: The 7th century onward, the legal language in the East was Greek. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe

5125-502: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with

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5250-578: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with

5375-573: The Great with the Russo-Turkish War of 1710-1711 . Prince Dimitrie Cantemir sided with Peter in open rebellion against the Ottomans, but he was defeated at Stănilești . Sultan Ahmed III officially discarded recognition of local choices for princes, imposing instead a system relying solely on Ottoman approval: the Phanariote epoch , inaugurated by the reign of Nicholas Mavrocordatos . Phanariote rule

5500-796: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in

5625-563: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which

5750-577: The Moldavian boyars against princely policies. In 1712, Hotin was taken over by the Ottomans and became part of a defensive system that Moldavian princes were required to maintain, as well as an area for Islamic colonization (the Laz community). In 1775, Moldavia lost to the Habsburg Empire its northwestern part, which became known as Bukovina . For Moldavia, it meant both an important territorial loss and

5875-640: The Mongols, but the Vlachs' territory is uncertain. Friar William described "Blakia" as " Assan's territory" south of the Lower Danube, showing that he identified it with the northern regions of the Second Bulgarian Empire . Later in the 14th century, King Charles I of Hungary attempted to expand his realm and the influence of the Catholic Church eastwards after the fall of Cuman rule, and ordered

6000-435: The Ottomans ended in his execution (1574). The country descended into political chaos, with frequent Ottoman and Tatar incursions and pillages. The claims of Mușatins to the crown and the traditional system of succession were ended by scores of illegitimate reigns; one of the usurpers, Ioan Iacob Heraclid , was a Protestant Greek who encouraged the Renaissance and attempted to introduce Lutheranism to Moldavia. In 1595,

6125-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It

6250-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court

6375-400: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide

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6500-406: The Russian Empire in 1812. Phanariote rule was officially ended after the 1821 occupation of the country by Alexander Ypsilantis 's Filiki Eteria during the Greek War of Independence ; the subsequent Ottoman retaliation led to the rule of Ioan Sturdza . He was considered the first of a new system, since the Ottomans and Russia had agreed in 1826 to allow for the election by locals of rulers over

6625-425: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of

6750-407: The Statute, that of Mihail Sturdza , was nonetheless ambivalent: eager to reduce abuse of office, Sturdza introduced reforms (the abolition of slavery, secularization , economic rebuilding), but he was widely seen as enforcing his own power over that of the newly instituted consultative Assembly. A supporter of the union of his country with Wallachia and of Romanian Romantic nationalism , he obtained

6875-427: The Tatars. The practice of enslaving prisoners may also have been taken from the Mongols. The ethnic identity of the "Tatar slaves" is unknown, they could have been captured Tatars of the Golden Horde , Cumans , or the slaves of Tatars and Cumans. While it is possible that some Romani people were slaves or auxiliary troops of the Mongols or Tatars, most of them came from south of the Danube , demonstrating that slavery

7000-439: The Treaty of Paris also passed the two Romanian principalities under the tutelage of Great European Powers (together with Russia and the Ottoman overlord, power-sharing included the United Kingdom of Great Britain and Ireland, the Austrian Empire , the French Empire , the Kingdom of Piedmont-Sardinia , and Prussia ). Due to Austrian and Ottoman opposition and British reserves, the union program as demanded by radical campaigners

7125-594: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after

7250-456: The anti-Ottoman Wallachian prince Constantin Șerban , who clashed with the first ruler of the Ghica family , George Ghica . In the early 1680s, Moldavian troops under George Ducas intervened in right-bank Ukraine and assisted Mehmed IV in the Battle of Vienna , only to suffer the effects of the Great Turkish War . During the late 17th century, Moldavia became the target of the Russian Empire 's southwards expansion, inaugurated by Peter

7375-414: The basic framework for civil law , the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After the dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From

7500-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered

7625-417: The church and state. By the 1850s, the movement gained support from almost the whole of Romanian society. In December 1855, following a proposal by Prince Grigore Alexandru Ghica , a bill drafted by Mihail Kogălniceanu and Petre Mavrogheni was adopted by the Divan; the law emancipated all slaves to the status of taxpayers (citizens). Support for the abolitionists was reflected in Romanian literature of

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7750-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be

7875-423: The country closer to the Jagiellonian realm , becoming a vassal of Władysław II on September 26, 1387. This gesture was to have unexpected consequences: Petru supplied the Polish ruler with funds needed in the war against the Teutonic Knights , and was granted control over Pokuttya until the debt was repaid; as this is not recorded to have been carried out, the region became disputed by the two states, until it

8000-422: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by

8125-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised

8250-409: The day of the unification of Moldavia and Wallachia by means of a personal union . In 1862, after diplomatic missions that helped remove opposition to the action, the United Principalities (the basis of modern Romania) was formally created, and instituted Cuza as Domnitor – thus officially ending the existence of the Principality of Moldavia. All other pending legal matters were clarified after

8375-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been

8500-458: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study

8625-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,

8750-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in

8875-420: The enemy entered the wood, they were "showered with arrows" and defeated. The heavy cavalry consisted of the nobility, namely, the boyars, and their guards, the viteji (lit. "brave ones", small nobility) and the curteni (court cavalry). These were all nominally part of the Small Host. In times of war, boyars were compelled by the feudal system of allegiance to supply the prince with troops in accordance with

9000-628: The entire geographic region of Moldavia. In various periods, various other territories were politically connected with the Moldavian principality. This is the case of the province of Pokuttya , the fiefdoms of Cetatea de Baltă and Ciceu (both in Transylvania ) or, at a later date, the territories between the Dniester and the Bug rivers. Petru II profited from the end of the Hungarian-Polish union and moved

9125-531: The establishment of a customs union between the two countries (1847) and showed support for radical projects favored by low boyars; nevertheless, he clamped down with noted violence the Moldavian revolutionary attempt in the last days of March 1848. Grigore Alexandru Ghica allowed the exiled revolutionaries to return to Moldavia c. 1853, which led to the creation of the National Party ( Partida Națională ),

9250-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with

9375-471: The extent of their manorial domain . Other troops consisted of professional foot soldiers ( lefegii ) which fulfilled the heavy infantry role, and the plăieși , free peasants whose role was that of border guards: they guarded the mountain passes and were prepared to ambush the enemy and to fight delaying actions. In the absence of the prince, command was assigned to the Mare Spătar (Grand Sword-Bearer,

9500-534: The first Prince to rule over Moldavia, Wallachia, and Transylvania; the episode ended in Polish conquests of lands down to Bucharest , soon ended by the outbreak of the Polish–Swedish War and the reestablishment of Ottoman rule. Polish incursions were dealt a blow by the Ottomans during the 1620 Battle of Cecora , which also saw an end to the reign of Gaspar Graziani . A period of relative peace followed during

9625-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated

9750-519: The latter was especially relevant in Moldavia, which remained an under-populated country of pastures ). In time, much of the resources were tied to the Ottoman economy , either through monopolies on trade that were only lifted in 1829, after the Treaty of Adrianople (which did not affect all domains directly), or through the raise in direct taxes - the one demanded by the Ottomans from the princes, as well as

9875-515: The location of 13th-century fortified settlements in this region. Alexandru V. Boldur identified Voscodavie, Voscodavti, Voloscovti, Volcovti, Volosovca and their other towns and villages between the middle course of the rivers Nistru/Dniester and Nipru/Dnieper. The Bolohoveni disappeared from chronicles after their defeat in 1257 by Daniel of Galicia 's troops. Their ethnic identity is uncertain; although Romanian scholars, basing on their ethnonym identify them as Romanians (who were called Vlachs in

10000-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130

10125-432: The major focus of a boyar's career. Such changes also implied the decline of free peasantry and the rise of serfdom , as well as the rapid fall in the importance of low boyars (a traditional institution, the latter soon became marginal, and, in more successful instances, added to the population of towns); however, they also implied a rapid transition towards a monetary economy , based on exchanges in foreign currency. Serfdom

10250-596: The mid-19th century. The issue of the Roma slavery became a theme in the literary works of various liberal and Romantic intellectuals, many of whom were active in the abolitionist camp. The Romanian abolitionist movement was also influenced by the much larger movement against Black slavery in the United States through press reports and through a translation of Harriet Beecher Stowe 's Uncle Tom's Cabin . Translated by Theodor Codrescu and first published in Iași in 1853, under

10375-546: The modernizing Organic Statute (the first document resembling a constitution , as well as the first to regard both principalities). After 1829, the country also became an important destination for immigration of Ashkenazi Jews from the Kingdom of Galicia and Lodomeria and areas of Russia ( see History of the Jews in Romania and Sudiți ). The first Moldavian rule established under

10500-474: The more prosperous and prestigious rule of Vasile Lupu . He took the throne as a boyar appointee in 1637 and began battling his rival Gheorghe Ștefan , as well as the Wallachian prince Matei Basarab . However, his invasion of Wallachia, with the backing of Cossack Hetman Bohdan Khmelnytsky , ended in disaster at the Battle of Finta in 1653. A few years later, Moldavia was occupied for two short intervals by

10625-627: The name Coliba lui Moșu Toma sau Viața negrilor în sudul Statelor Unite din America (which translates back as "Uncle Toma's Cabin or the Life of Blacks in the Southern United States of America"), it was the first American novel to be published in Romanian. The foreword included a study on slavery by Mihail Kogălniceanu. Under the reign of Stephen the Great , all farmers and villagers had to bear arms. Stephen justified this by saying that "every man has

10750-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often

10875-473: The ones demanded by the princes from the country's population. Taxes were directly proportional with Ottoman requests, but also with the growing importance of Ottoman appointment and sanctioning of princes in front of election by the boyars and the boyar Council – Sfatul boieresc  [ ro ] (drawing in a competition among pretenders, which also implied the intervention of creditors as suppliers of bribes). The fiscal system soon included taxes such as

11000-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that

11125-473: The property of Romanian Orthodox and Greek Orthodox monasteries, and țigani boierești ("Gypsies belonging to the boyars"), who were enslaved by the category of landowners. The abolition of slavery was carried out following a campaign by young revolutionaries who embraced the liberal ideas of the Enlightenment . In 1844, Moldavian Prince Mihail Sturdza proposed a law on the freeing of slaves owned by

11250-401: The region in other languages include French : Moldavie , German : Moldau , Hungarian : Moldva , Russian : Молдавия ( Moldaviya ), Turkish : Boğdan Prensliği , Greek : Μολδαβία . The inhabitants of Moldavia were Christians. Archaeological works revealed the remains of a Christian necropolis at Mihălășeni , Botoșani county , from the 5th century. The place of worship, and

11375-564: The replacement of Cuza with Carol of Hohenzollern-Sigmaringen in April 1866, and the creation of an independent Kingdom of Romania in 1881. Slavery ( Romanian : robie ) was part of the social order from before the founding of the Principality of Moldavia, until it was abolished in stages during the 1840s and 1850s. Most of the slaves were of Roma (Gypsy) ethnicity. There were also slaves of Tatar ethnicity, probably prisoners captured from

11500-519: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in

11625-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;

11750-687: The rise of the Movilești boyars to the throne with Ieremia Movilă coincided with the start of frequent anti-Ottoman and anti- Habsburg military expeditions of the Polish–Lithuanian Commonwealth into Moldavian territory (see Moldavian Magnate Wars ), and rivalries between pretenders to the Moldavian throne encouraged by the three competing powers. The Wallachian prince Michael the Brave , after previously taking over Transylvania , also deposed Prince Ieremia Movilă, in 1600, and managed to become

11875-466: The same term [REDACTED] This disambiguation page lists articles associated with the title Lex Cornelia . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Lex_Cornelia&oldid=1172067905 " Category : Disambiguation pages Hidden categories: Articles containing Latin-language text Short description

12000-505: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution

12125-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law

12250-519: The throne in Suceava . Petru Aron's rule also signified the beginning of Moldavia's Ottoman Empire allegiance, as the ruler agreed to pay tribute to Sultan Mehmed II . Under Stephen the Great , who took the throne and subsequently came to an agreement with Casimir IV of Poland in 1457, the state reached its most glorious period. Stephen blocked Hungarian interventions in the Battle of Baia , invaded Wallachia in 1471, and dealt with Ottoman reprisals in

12375-779: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in

12500-484: The tombs had Christian characteristics. The place of worship had a rectangular form with sides of eight and seven meters. Similar necropolises and places of worship were found at Nicolina, in Iași The Bolohoveni are mentioned by the Hypatian Chronicle in the 13th century. The chronicle shows that this land is bordered on the principalities of Halych, Volhynia and Kiev. Archaeological research also identified

12625-453: The two Danubian Principalities , and convened on their mandating for seven-year terms. In practice, a new foundation to reigns in Moldavia was created by the Russo-Turkish War (1828–1829) , beginning a period of Russian domination over the two countries which ended only in 1856. Begun as a military occupation under the command of Pavel Kiselyov , Russian domination gave Wallachia and Moldavia, which were not removed from nominal Ottoman control,

12750-562: The two administrative divisions of the new realm, under the name Țara de Sus (the "Upper Land"), whereas the rest, on both sides of the Prut river, formed Țara de Jos (the "Lower Land"). Disfavored by the brief union of Angevin Poland and Hungary (the latter was still the country's overlord), Bogdan's successor Lațcu accepted conversion to Latin Catholicism around 1370. Despite the founding of

12875-550: The two thrones could not be occupied by the same person, allowing Partida Națională to introduce the candidacy of Alexandru Ioan Cuza in both countries. On January 17 (January 5, 1859, Old Style ), in Iași , he was elected prince of Moldavia by the respective electoral body. After street pressure over the much more conservative body in Bucharest , Cuza was elected in Wallachia as well (February 5/January 24), this being considered as

13000-446: The wars with the Nogai and Crimean Tatars . The institution of slavery was first attested in a 1470 Moldavian document, through which Prince Stephen the Great frees Oană, a Tatar slave who had fled to Jagiellon Poland . The exact origins of slavery are not known, as it was a common practice in medieval Europe . As in the Byzantine Empire , the Roma were held as slaves of the state, of

13125-451: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which

13250-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III

13375-405: Was a scorched earth policy combined with harassment of the advancing enemy using hit-and-run tactics and disruption of communication and supply lines, followed by a large scale ambush: a weakened enemy would be lured in a place where it would find itself in a position hard or impossible to defend. A general attack would follow, often with devastating results. The shattered remains of what was once

13500-485: Was a widespread practice. The Tatar slaves, smaller in numbers, were eventually merged into the Roma population. Traditionally, Roma slaves were divided into three categories. The smallest was owned by the hospodars , and went by the Romanian-language name of țigani domnești ("Gypsies belonging to the lord"). The two other categories comprised țigani mănăstirești ("Gypsies belonging to the monasteries"), who were

13625-453: Was accompanied by a failure to maintain state structures: the feudal -based Moldavian military forces were no longer convoked, and the few troops maintained by the rulers remained professional mercenaries such as the seimeni . However, Moldavia and the similarly affected Wallachia remained both important sources of income for the Ottoman Empire and relatively prosperous agricultural economies (especially as suppliers of grain and cattle –

13750-498: Was also influenced by the jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised

13875-458: Was brought to the throne in 1400 by the Hungarians (with assistance from Mircea I of Wallachia ), he shifted his allegiances towards Poland (notably engaging Moldavian forces on the Polish side in the Battle of Grunwald and the Siege of Marienburg ), and placed his own choice of rulers in Wallachia. His reign was one of the most successful in Moldavia's history, but also saw the first confrontation with

14000-581: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by

14125-529: Was confronted with rapid depletion of funds and rising demands from the Porte . Such problems became endemic when the country, brought into the Great Turkish War , suffered the impact of the stagnation of the Ottoman Empire ; at one point, during the 1650s and 1660s, princes began relying on counterfeit coinage (usually copies of Swedish riksdalers , as was that issued by Eustratie Dabija ). The economic decline

14250-473: Was debated intensely. In September 1857, given that Caimacam Nicolae Vogoride had perpetrated fraud in elections in Moldavia, the Powers allowed the two states to convene ad hoc divans , which were to decide a new constitutional framework; the result showed overwhelming support for the union, as the creation of a liberal and neutral state. After further meetings among leaders of tutor states, an agreement

14375-530: Was developed in order to better educate the students and to network with one another internationally. As steps towards a unification of the private law in the member states of the European Union are being taken, the old jus commune , which was the common basis of legal practice everywhere in Europe, but allowed for many local variants, is seen by many as a model. Moldavia The western half of Moldavia

14500-406: Was doubled by the much less numerous slave population ( robi ), composed of migrant Roma and captured Nogais . The conflict between princes and boyars was to become exceptionally violent – the latter group, who frequently appealed to the Ottoman court in order to have princes comply with its demands, was persecuted by rulers such as Alexandru Lăpușneanu and John III . Ioan Vodă's revolt against

14625-562: Was finally settled in favor of the Moldavian princes under Alexander I . Nevertheless, religious policy remained complex: while conversions to faiths other than Orthodox were discouraged (and forbidden for princes), Moldavia included sizable Latin Catholic communities (Germans and Magyars ), as well as Armenians of the non-Chalcedonian Armenian Apostolic Church ; after 1460, the country welcomed Hussite refugees (founders of Ciuburciu and, probably, Huși ). The principality of Moldavia covered

14750-500: Was forced to agree to continue paying tribute to Sultan Bayezid II . Following the taking of Hotin (Khotyn) and Pokuttya , Stephen's rule also brought a brief extension of Moldavian rule into Transylvania : Cetatea de Baltă and Ciceu became his fiefs in 1489. Under Bogdan III the One-Eyed , Ottoman overlordship was confirmed in the shape that would rapidly evolve into control over Moldavia's affairs. Peter IV Rareș , who reigned in

14875-457: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following

15000-594: Was lost by Moldavia in the Battle of Obertyn (1531). Prince Petru also expanded his rule southwards to the Danube Delta . His brother Roman I conquered the Hungarian-ruled Cetatea Albă in 1392, giving Moldavia an outlet to the Black Sea , before being toppled from the throne for supporting Fyodor Koriatovych in his conflict with Vytautas the Great of Lithuania . Under Stephen I . Although Alexander I

15125-474: Was marked by political corruption , intrigue, and high taxation, as well as by sporadic incursions of Habsburg and Russian armies deep into Moldavian territory. Nonetheless, they also attempted legislative and administrative modernization inspired by The Enlightenment (such as the decision by Constantine Mavrocordatos to salarize public offices, to the outrage of boyars, and the abolition of serfdom in 1749, as well as Scarlat Callimachi 's Code ), and signified

15250-506: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius

15375-584: Was reached (the Paris Convention ), whereby a limited union was to be enforced – separate governments and thrones, with only two bodies in common (a Court of Cassation and a Central Commission residing in Focșani ); it also stipulated that an end to all privilege was to be passed into law, and awarded back to Moldavia the areas around Bolhrad , Cahul , and Izmail . However, the Convention failed to note whether

15500-580: Was recruited from all the free peasantry older than 14 and strong enough to carry a sword or use a bow . This seldom happened, for such a levée en masse was devastating for both economy and population growth. In the Battle of Vaslui , Stephen had to summon the Large Host and also recruited mercenary troops. In the Middle Ages and early Renaissance , the Moldavians relied on light cavalry ( călărași ) which used hit-and-run tactics similar to those of

15625-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of

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