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88-707: The Philippine Civil Code is strongly influenced by the Spanish Civil Code , which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire . The Código Civil remained in effect even throughout the American Occupation ; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission

176-577: A column topped by a bronze statue of Justinian on horseback and dressed in a military costume was erected in the Augustaeum in Constantinople in 543. Rivalry with other, more established patrons from the Constantinopolitan and exiled Roman aristocracy might have enforced Justinian's building activities in the capital as a means of strengthening his dynasty's prestige. Justinian also strengthened

264-823: A conflict of laws in the specific context of "art or personal property taken in cases of political persecution" and instead prescribes that California substantive law will always control in all such cases. The statute was written in such a way in order to apply this new rule not only to all new cases going forward, but also to all cases still pending on appeal, including the case which had led to its enactment. Justinian I Justinian I ( / dʒ ʌ ˈ s t ɪ n i ə n / just- IN -ee-ən ; Latin : Iūstīniānus , Classical Latin pronunciation: [juːstiːniˈaːnʊs] ; Ancient Greek : Ἰουστινιανός , romanized :  Ioustinianós , Byzantine Greek pronunciation: [i.ustini.aˈnos] ; 482 – 14 November 565), also known as Justinian

352-576: A definitive solution for these problems. Understandably, the Civil Code itself is unable to provide a definite answer for all emerging problems; thus the courts also rely on precedent based on interpretations by the Supreme Court . This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of

440-606: A force of approximately 35,000 men (2,000 men were detached and sent to invade southern Visigothic Hispania) under the command of Narses. The army reached Ravenna in June 552 and defeated the Ostrogoths decisively within a month at the battle of Busta Gallorum in the Apennines , where Totila was slain. After a second battle at Mons Lactarius in October that year, the resistance of the Ostrogoths

528-623: A genuine interest in matters of theology, authored a small number of theological treatises. As in his secular administration, despotism appeared also in the Emperor's ecclesiastical policy. He regulated everything, both in religion and in law. At the very beginning of his reign, he deemed it proper to promulgate by law the Church's belief in the Trinity and the Incarnation , and to threaten all heretics with

616-786: A measure of prosperity. The recovery of Africa cost the empire about 100,000 pounds of gold. As in Africa, dynastic struggles in Ostrogothic Italy provided an opportunity for intervention. The young king Athalaric had died on 2 October 534, and a usurper, Theodahad , had imprisoned queen Amalasuintha , Theodoric's daughter and mother of Athalaric, on the island of Martana in Lake Bolsena , where he had her assassinated in 535. Thereupon Belisarius, with 7,500 men, invaded Sicily (535) and advanced into Italy, sacking Naples and capturing Rome on 9 December 536. By that time Theodahad had been deposed by

704-587: A number of barbarian troops. They landed at Caput Vada (modern Ras Kaboudia) in modern Tunisia . They defeated the Vandals, who were caught completely off guard, at Ad Decimum on 14 September 533 and Tricamarum in December; Belisarius took Carthage . King Gelimer fled to Mount Pappua in Numidia , but surrendered the next spring. He was taken to Constantinople, where he was paraded in a triumph . Sardinia and Corsica ,

792-560: A particularly dangerous invasion of Sklavinoi and Kutrigurs under their khan Zabergan threatened Constantinople, but they were repulsed by the aged general Belisarius. Justinian's ambition to restore the Roman Empire to its former glory was only partly realized, with the only noteworthy sustainable conquests in Africa . In the West, the brilliant early military successes of the 530s were followed by years of stagnation. The dragging war with

880-522: A source of tension in the relationship with the bishops of Rome. Justin reversed this trend and confirmed the Chalcedonian doctrine, openly condemning the Monophysites. Justinian, who continued this policy, tried to impose religious unity on his subjects by forcing them to accept doctrinal compromises that might appeal to all parties, a policy that proved unsuccessful as he satisfied none of them. Near

968-574: A woman was widowed, her dowry should be returned; and a husband could not take on a major debt without his wife giving her consent twice. Family legislation also revealed a greater concern for the interests of children. This was particularly so with respect to children born out of wedlock. The law under Justinian also reveals a striking interest in child neglect issues. Justinian protected the rights of children whose parents remarried and produced more offspring, or who simply separated and abandoned their offspring, forcing them to beg. Justinian discontinued

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1056-527: A workaholic who worked tirelessly to expand the Byzantine Empire. One of the most enduring aspects of his legacy was the uniform rewriting of Roman law, the Corpus Juris Civilis , which was first applied throughout Continental Europe and is still the basis of civil law in many modern states. His reign also marked a blossoming of Byzantine culture , and his building program yielded works such as

1144-478: Is defined as juridical necessity to give, to do or not do. A contract is a meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service. Developments in torts and damages law in the Philippines are mostly guided by judicial precedents . However, the Civil Code does provide several pertinent provisions regarding quasi-delicts , as well as provisions on damages. Damages can be incurred when there

1232-530: Is harm done and what may be recovered arising from wrongful, unwrongful and tortuous act. Damages can be actual or compensatory, moral, nominal, temperate or moderate, liquidated and exemplary or corrective. Civil Code of Spain The Civil Code of Spain ( Spanish : Código Civil ), formally the Royal Decree of 24 July 1889 ( Spanish : Real Decreto de 24 de julio de 1889 ) is the law that regulates

1320-597: Is independent and general right of the person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. . Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts by tradition. They may be also acquired by acquisitive prescription. Law of obligations

1408-444: Is sway and dominance of justice, the primary precept of this portion is derived from Justinian's Institutes : iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere . (Inst. 1,1,3-4). (Translated into English: “the precepts of law are these: to live honestly, to injure no one, [and] to give to each his own.”). Civil personality defines the distinction between natural and juridical persons , as well as

1496-583: The Codex Justinianeus , a codification of imperial constitutions from the 2nd century onward, was issued on 7 April 529. (The final version appeared in 534.) It was followed by the Digesta (or Pandectae ), a compilation of older legal texts, in 533, and by the Institutiones , a textbook explaining the principles of law. The Novellae , a collection of new laws issued during Justinian's reign, supplements

1584-586: The Tzani , a people on the east coast of the Black Sea that had never been under Roman rule before. He engaged the Sasanian Empire in the east during Kavad I 's reign, and later again during Khosrow I 's reign; this second conflict was partially initiated due to his ambitions in the west. Justinian is regarded as one of the most prominent and influential Roman emperors, and historians have often characterized him as

1672-458: The Balearic Islands , and the stronghold Septem Fratres near Mons Calpe (later named Gibraltar ) were recovered in the same campaign. In this war, the contemporary Procopius remarks that Africa was so entirely depopulated that a person might travel several days without meeting a human being, and he adds, "it is no exaggeration to say, that in the course of the war 5,000,000 perished by

1760-620: The Corpus . As opposed to the rest of the corpus, the Novellae appeared in Greek , the common language of the Eastern Empire. The Corpus forms the basis of Latin jurisprudence (including ecclesiastical Canon Law ) and, for historians, provides a valuable insight into the concerns and activities of the later Roman Empire. As a collection it gathers together the many sources in which the leges (laws) and

1848-788: The Council of Chalcedon , which had condemned monophysitism , which had strongholds in Egypt and Syria, and by tolerating the appointment of Monophysites to church offices. The Popes reacted by severing ties with the Patriarch of Constantinople who supported these policies. Emperors Justin I (and later Justinian himself) rescinded these policies and reestablished the union between Constantinople and Rome. After this, Justinian also felt entitled to settle disputes in papal elections, as he did when he favored Vigilius and had his rival Silverius deported. This new-found unity between East and West did not, however, solve

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1936-565: The Hagia Sophia . Justinian was born in Tauresium , Dardania , probably in 482. A native speaker of Latin (possibly the last Roman emperor to be one), he came from a peasant family thought to have been of either of Illyro-Roman or Thraco-Roman origin. The name Iustinianus , which he took later, is indicative of adoption by his uncle Justin . During his reign, he founded Justiniana Prima not far from his birthplace. His mother

2024-529: The Nika riots , and a conspiracy against the emperor's life by dissatisfied entrepreneurs was discovered as late as 562. Justinian was struck by the plague in the early 540s but recovered. Theodora died in 548 at a relatively young age, possibly of cancer; Justinian outlived her by nearly twenty years. Justinian, who had always had a keen interest in theological matters and actively participated in debates on Christian doctrine, became even more devoted to religion during

2112-682: The Ostrogothic Kingdom , restoring Dalmatia , Sicily , Italy , and Rome to the empire after more than half a century of rule by the Ostrogoths . The praetorian prefect Liberius reclaimed the south of the Iberian Peninsula , establishing the province of Spania . These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million solidi . During his reign, Justinian also subdued

2200-601: The Roman Empire to its ancient boundaries. Although he never personally took part in military campaigns, he boasted of his successes in the prefaces to his laws and had them commemorated in art. The re-conquests were in large part carried out by his general Belisarius. From his uncle, Justinian inherited ongoing hostilities with the Sassanid Empire . In 530 the Persian forces suffered a double defeat at Dara and Satala , but

2288-614: The San Vitale in Ravenna, which features two famous mosaics representing Justinian and Theodora, was completed under the sponsorship of Julius Argentarius. Most notably, he had the Hagia Sophia , originally a basilica -style church that had been burnt down during the Nika riots , splendidly rebuilt according to a completely different ground plan, under the architectural supervision of Isidore of Miletus and Anthemius of Tralles . On 26 December 537, according to Pseudo-Codinus, Justinian stated at

2376-435: The chariot racing factions in Constantinople, normally rivals, united against Justinian in a revolt that has become known as the Nika riots . They forced him to dismiss Tribonian and two of his other ministers, and then attempted to overthrow Justinian himself and replace him with the senator Hypatius , who was a nephew of the late emperor Anastasius . While the crowd was rioting in the streets, Justinian considered fleeing

2464-657: The "Eternal Peace" and invaded Roman territory in the spring of 540. He first sacked Beroea and then Antioch (allowing the garrison of 6,000 men to leave the city), besieged Daras , and then went on to attack the Byzantine base in the small but strategically significant satellite kingdom of Lazica near the Black Sea as requested by its discontented king Gubazes , exacting tribute from the towns he passed along his way. He forced Justinian I to pay him 5,000 pounds of gold, plus 500 pounds of gold more each year. Belisarius arrived in

2552-692: The 30,000-strong Byzantine force was defeated by a small force at Anglon . The next year, Khosrau unsuccessfully besieged the major city of Edessa . Both parties made little headway, and in 545 a truce was agreed upon for the southern part of the Roman-Persian frontier. After that, the Lazic War in the North continued for several years: the Lazic king switched to the Byzantine side, and in 549 Justinian sent Dagisthaeus to recapture Petra , but he faced heavy resistance and

2640-760: The Chalcedonian faith. Such an approach was supported by the Empress Theodora, who favoured the Miaphysites unreservedly. In the condemnation of the Three Chapters , three theologians that had opposed Monophysitism before and after the Council of Chalcedon, Justinian tried to win over the opposition. At the Fifth Ecumenical Council , most of the Eastern church yielded to the Emperor's demands, and Pope Vigilius , who

2728-514: The Church contrary to the emperor's will and command, while, on his side, the emperor, in the case of the Patriarch Anthimus , reinforced the ban of the Church with temporal proscription. Justinian protected the purity of the church by suppressing heretics. He neglected no opportunity to secure the rights of the Church and clergy, and to protect and extend monasticism . He granted the monks the right to inherit property from private citizens and

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2816-410: The Civil Code is the subject of much study and extensive commentary. Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law. These include Tolentino, who himself had helped draft it, Supreme Court Associate Justices J. B. L. Reyes , Flérida Ruth P. Romero , José Vitug, and Edgardo Paras. The influence of

2904-507: The East in 541, but after some success, was again recalled to Constantinople in 542. The reasons for his withdrawal are not known, but it may have been instigated by rumours of his disloyalty reaching the court. The outbreak of the plague coupled with a rebellion in Persia brought Khosrow I's offensives to a halt. Exploiting this, Justinian ordered all the forces in the East to invade Persian Armenia, but

2992-498: The Empire. Then, having been recalled by Justinian, Belisarius returned to Constantinople, taking the captured Vitigis and his wife Matasuntha with him. Belisarius had been recalled in the face of renewed hostilities by the Persians . Following a revolt against the Empire in Armenia in the late 530s and possibly motivated by the pleas of Ostrogothic ambassadors, King Khosrau I broke

3080-501: The Goths was a disaster for Italy, even though its long-lasting effects may have been less severe than is sometimes thought. The heavy taxes that the administration imposed upon Italian population were deeply resented. The final victory in Italy and the conquest of Africa and the coast of southern Hispania significantly enlarged the area of Byzantine influence and eliminated all naval threats to

3168-639: The Great , was the Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized renovatio imperii , or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire . His general, Belisarius , swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses , and other generals conquered

3256-561: The Holy Apostles , which had been in a very poor state near the end of the 5th century, was likewise rebuilt. The Church of Saints Sergius and Bacchus, later renamed Little Hagia Sophia , was also built between 532 and 536 by the imperial couple. Works of embellishment were not confined to churches alone: excavations at the site of the Great Palace of Constantinople have yielded several high-quality mosaics dating from Justinian's reign, and

3344-656: The Jews to use the Greek Septuagint in their synagogues in Constantinople. The Emperor faced significant opposition from the Samaritans , who resisted conversion to Christianity and were repeatedly in insurrection. He persecuted them with rigorous edicts, for example, in 529, he banned them from having wills, an intentional act of humiliation. However, he could not prevent reprisals towards Christians from taking place in Samaria toward

3432-484: The Ostrogothic army, who had elected Vitigis as their new king. He gathered a large army and besieged Rome from February 537 to March 538 without being able to retake the city. Justinian sent another general, Narses , to Italy, but tensions between Narses and Belisarius hampered the progress of the campaign. Milan was taken, but was soon recaptured and razed by the Ostrogoths. Justinian recalled Narses in 539. By then

3520-531: The Patrician , the diplomat and long-time head of the palace bureaucracy; Justinian's finance ministers John the Cappadocian and Peter Barsymes , who managed to collect taxes more efficiently than any before, thereby funding Justinian's wars; and finally, his prodigiously talented generals, Belisarius and Narses . Justinian's rule was not universally popular; early in his reign he nearly lost his throne during

3608-535: The Philippines" ( Article 8, Civil Code ), a recognition of the eminent role now played by precedents in Philippine law. The Civil Code is divided into four “books”, with each specific book namely: The Chapter 2 of the Civil code was formulated to indicate certain norms that spring from the fountain of good conscience, that will serve as golden threads through society to the end of that law may approach its supreme ideal which

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3696-508: The Roman dictator Sulla in 86 BC. Several centuries later, in 410 AD, a Neoplatonic Academy was established that had no institutional continuity with Plato's Academy, and which served as a center for Neoplatonism and mysticism. It persisted until 529 AD when it was finally closed by Justinian I. Other schools in Constantinople, Antioch, and Alexandria, which were the centers of Justinian's empire, continued. In Asia Minor alone, John of Ephesus

3784-448: The Romans. While military efforts were directed to the East, the situation in Italy took a turn for the worse. Under their respective kings Ildibad and Eraric (both murdered in 541) and especially Totila , the Ostrogoths made quick gains. After a victory at Faenza in 542, they reconquered the major cities of Southern Italy and soon held almost the entire Italian Peninsula. Belisarius

3872-523: The Spanish Civil Code has been subject to extensive criticism for allowing acquisitive prescription against personal property —which leaves victims of Nazi plunder with little recourse. The California State Legislature was so upset with an appellate ruling in one such case in 2024—involving deference to Spanish law over California law —that it enacted an urgency statute which expressly overrides California's governmental interest test for resolving

3960-471: The Spanish Civil Code is most evident in the books on property , succession and obligations and contracts . The law on succession, for example, retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal . On the other hand, many of the provisions on special contracts, particularly on sales , are derived from common law as practised in the United States , reflecting

4048-714: The West, where Germanic kingdoms had been established in the territories of the former Western Roman Empire . The first of the western kingdoms Justinian attacked was that of the Vandals in North Africa . King Hilderic , who had maintained good relations with Justinian and the North African Catholic clergy, had been overthrown by his cousin Gelimer in 530 AD. Imprisoned, the deposed king appealed to Justinian. Justinian protested Gelimer's actions, demanding that Gelimer return

4136-466: The administration of ecclesiastical property; election and rights of bishops, priests and abbots; monastic life, residential obligations of the clergy, conduct of divine service, episcopal jurisdiction, etc. Justinian also rebuilt the Church of Hagia Sophia (which cost 20,000 pounds of gold), the original site having been destroyed during the Nika riots. The new Hagia Sophia, with its numerous chapels and shrines, gilded octagonal dome, and mosaics , became

4224-439: The appropriate penalties, whereas he subsequently declared that he intended to deprive all disturbers of orthodoxy of the opportunity for such offense by due process of law. He made the Nicaeno-Constantinopolitan creed the sole symbol of the Church and accorded legal force to the canons of the four ecumenical councils. The bishops in attendance at the Council of Constantinople (536) recognized that nothing could be done in

4312-406: The borders of the Empire from Africa to the East through the construction of fortifications and ensured Constantinople of its water supply through construction of underground cisterns (see Basilica Cistern ). To prevent floods from damaging the strategically important border town Dara , an advanced arch dam was built. During his reign the large Sangarius Bridge was built in Bithynia , securing

4400-467: The capital by sea, but eventually decided to stay, apparently on the prompting of his wife Theodora, who refused to leave. In the next two days, he ordered the brutal suppression of the riots by his generals Belisarius and Mundus . Procopius relates that 30,000 unarmed civilians were killed in the Hippodrome. On Theodora's insistence, and apparently against his own judgment, Justinian had Anastasius' nephews executed. The destruction that took place during

4488-452: The centre and most visible monument of Eastern Orthodoxy in Constantinople. From the middle of the 5th century onward, increasingly arduous tasks confronted the emperors of the East in ecclesiastical matters. Justinian entered the arena of ecclesiastical statecraft shortly after his uncle's accession in 518, and put an end to the Acacian schism . Previous Emperors had tried to alleviate theological conflicts by declarations that deemphasized

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4576-412: The close of his reign. The consistency of Justinian's policy meant that the Manicheans too suffered persecution, experiencing both exile and threat of capital punishment. In Constantinople, c.450, a number of Manicheans, after strict inquisition, were executed by burning. Justinian was a prolific builder; the historian Procopius bears witness to his activities in this area. Under Justinian's reign,

4664-416: The complete revision of all Roman law , something that had not previously been attempted. The total of Justinian's legislation is known today as the Corpus juris civilis . It consists of the Codex Justinianeus , the Digesta or Pandectae , the Institutiones , and the Novellae . Early in his reign, Justinian had appointed the quaestor Tribonian to oversee this task. The first draft of

4752-400: The completion of this edifice: "Solomon, I have outdone thee" (in reference to the first Jewish temple). The church had a second inauguration on 24 December 562, after several reworks made by Isidore the Younger . This new cathedral, with its magnificent dome filled with mosaics, remained the centre of eastern Christianity for centuries. Another prominent church in the capital, the Church of

4840-684: The conviction that the unity of the Empire presupposed unity of faith, and it appeared to him obvious that this faith could only be the orthodoxy (Chalcedonian) . Those of a different belief were subjected to persecution, which imperial legislation had effected from the time of Constantius II and which would now vigorously continue. The Codex contained two statutes that decreed the total destruction of paganism , even in private life; these provisions were zealously enforced. Contemporary sources (John Malalas, Theophanes , and John of Ephesus ) tell of severe persecutions, including men in high positions. The original Academy of Plato had been destroyed by

4928-437: The difference between juridical capacity and capacity to act . In 1987, President Corazon Aquino enacted into law the Family Code of 1987 , which supplanted Book I of the Civil Code concerning persons and family relations. Focuses on property, which classifies and defines the different kinds of appropriable objects, provides for their acquisitions and loss and treats the nature and consequences of real right. Ownership

5016-399: The emperor's personal bodyguard. The chronicler John Malalas , who lived during the reign of Justinian, describes his appearance as short, fair-skinned, curly-haired, round-faced, and handsome. Another contemporary historian, Procopius , compares Justinian's appearance to that of tyrannical Emperor Domitian , although this is probably slander. When Emperor Anastasius died in 518, Justin

5104-454: The empire, which in 555 reached its territorial zenith. Despite losing much of Italy soon after Justinian's death, the empire retained several important cities, including Rome, Naples, and Ravenna, leaving the Lombards as a regional threat. The newly founded province of Spania kept the Visigoths as a threat to Hispania alone and not to the western Mediterranean and Africa. Events of the later years of his reign showed that Constantinople itself

5192-420: The end of his life, Justinian became ever more inclined towards the Monophysite doctrine, especially in the form of Aphthartodocetism , but he died before being able to issue any legislation. The empress Theodora sympathized with the Monophysites and is said to have been a constant source of pro-Monophysite intrigues at the court in Constantinople in the earlier years. In the course of his reign, Justinian, who had

5280-405: The first cataract of the Nile . The Presbyter Julian and the Bishop Longinus conducted a mission among the Nabataeans , and Justinian attempted to strengthen Christianity in Yemen by dispatching a bishop from Egypt . The civil rights of Jews were restricted and their religious privileges threatened. Justinian also interfered in the internal affairs of the synagogue and encouraged

5368-413: The influence of American colonial rule and the influx of commercial relations involving Americans at the time. The great mass of disputes between private persons over civil and property relations are resolved by applying the provisions of the Civil Code. With over 2,000 specific provisions, the Civil Code attempts to anticipate all possible questions arising from civil and property relations and prescribe

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5456-405: The kingdom to Hilderic. Gelimer replied, in effect, that Justinian had no authority to make these demands. Angered at this response, Justinian quickly concluded his ongoing war with the Sassanian Empire and prepared an expedition against the Vandals in 533. In 533, Belisarius sailed to Africa with a fleet of 92 dromons , escorting 500 transports carrying an army of about 15,000 men, as well as

5544-497: The later years of his life. He died on 14 November 565, childless. He was succeeded by Justin II , who was the son of his sister Vigilantia and married to Sophia, the niece of Theodora. Justinian's body was entombed in a specially built mausoleum in the Church of the Holy Apostles until it was desecrated and robbed during the pillage of the city in 1204 by the Latin States of the Fourth Crusade . Justinian achieved lasting fame through his judicial reforms, particularly through

5632-423: The major aspects of Spanish civil law . It is one of the last civil codes in Continental Europe because of the sociopolitical, religious and territorial tensions that dominated 19th-century Spain. The code has been modified numerous times and remains in force. The structure of the Civil Code is heavily inspired by the French Civil Code of 1804 . It is made up of 1976 articles. Like other European civil codes,

5720-405: The members of this new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future senator Arturo Tolentino . The Code Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to Congress , which enacted it into law through Republic Act No. 386. The Civil Code took effect in 1950. Due to its wide coverage and impact,

5808-439: The military situation had turned in favour of the Romans, and in 540 Belisarius reached the Ostrogothic capital Ravenna . There he was offered the title of Western Roman Emperor by the Ostrogoths at the same time that envoys of Justinian were arriving to negotiate a peace that would leave the region north of the Po River in Gothic hands. Belisarius feigned acceptance of the offer, entered the city in May 540, and reclaimed it for

5896-414: The new province of Spania before being checked by their former ally Athanagild, who had by now become king. This campaign marked the apogee of Byzantine expansion. During Justinian's reign, the Balkans suffered from several incursions by the Turkic and Slavic peoples who lived north of the Danube . Here, Justinian resorted mainly to a combination of diplomacy and a system of defensive works. In 559

5984-469: The next year saw the defeat of Roman forces under Belisarius near Callinicum . Justinian then tried to make alliance with the Axumites of Ethiopia and the Himyarites of Yemen against the Persians, but this failed. When king Kavadh I of Persia died (September 531), Justinian concluded an " Eternal Peace " (which cost him 11,000 pounds of gold) with his successor Khosrau I (532). Having thus secured his eastern frontier, Justinian turned his attention to

6072-401: The ongoing disputes in the east. Justinian's policies switched between attempts to force Monophysites and Miaphysites (who were mistaken to be adherers of Monophysitism) to accept the Chalcedonian creed by persecuting their bishops and monks – thereby embittering their sympathizers in Egypt and other provinces – and attempts at a compromise that would win over the Monophysites without surrendering

6160-456: The orthodoxy of his empire threatened by diverging religious currents, especially monophysitism , which had many adherents in the eastern provinces of Syria and Egypt. Monophysite doctrine, which maintains that Jesus Christ had one divine nature rather than a synthesis of divine and human nature, had been condemned as a heresy by the Council of Chalcedon in 451, and the tolerant policies towards Monophysitism of Zeno and Anastasius I had been

6248-402: The other conquests, the Empire established a presence in Visigothic Hispania , when the usurper Athanagild requested assistance in his rebellion against King Agila I . In 552, Justinian dispatched a force of 2,000 men; according to the historian Jordanes , this army was led by the octogenarian Liberius . The Byzantines took Cartagena and other cities on the southeastern coast and founded

6336-565: The other rules were expressed or published: proper laws, senatorial consults ( senatusconsulta ), imperial decrees, case law , and jurists' opinions and interpretations ( responsa prudentium ). Tribonian's code ensured the survival of Roman law. It formed the basis of later Byzantine law, as expressed in the Basilika of Basil I and Leo VI the Wise . The only western province where the Justinianic code

6424-533: The regular appointment of Consuls in 541. In Constantinople, under Justinian, hospitals were built and free medical care provided to the many poor residents of the city. In addition, public baths were free for all residents and 20 state bakeries provided free bread to those who needed it. According to one study, “The empire’s social welfare programs ensured that no one went hungry.” Justinian's habit of choosing efficient but unpopular advisers nearly cost him his throne early in his reign. In January 532, partisans of

6512-526: The revolt provided Justinian with an opportunity to tie his name to a series of splendid new buildings, most notably the architectural innovation of the domed Hagia Sophia . One of the most spectacular features of Justinian's reign was the recovery of large stretches of land around the Western Mediterranean basin that had slipped out of Imperial control in the 5th century. As a Christian Roman emperor, Justinian considered it his divine duty to restore

6600-497: The right to receive solemnia , or annual gifts, from the Imperial treasury or from the taxes of certain provinces and he prohibited lay confiscation of monastic estates. Although the despotic character of his measures is contrary to modern sensibilities, he was a "nursing father" of the Church. Both the Codex and the Novellae contain many enactments regarding donations, foundations, and

6688-506: The siege was relieved by Sasanian reinforcements. Justinian replaced him with Bessas , who was under a cloud after the loss of Rome in 546, but he managed to capture and dismantle Petra in 551. The war continued for several years until a second truce in 557, followed by a fifty years' peace in 562. Under its terms, the Persians agreed to abandon Lazica in exchange for an annual tribute of 400 or 500 pounds of gold (30,000 solidi ) to be paid by

6776-618: The sword, and famine, and pestilence." An African prefecture , centred in Carthage, was established in April 534, but it would teeter on the brink of collapse during the next 15 years, amidst warfare with the Moors and military mutinies. By the mid-540s, under a succession of Byzantine generals, the region was disrupted under civil war, plague and military campaigning. The area was not completely pacified until 548, but remained peaceful thereafter and enjoyed

6864-477: Was Vigilantia, the sister of Justin. Justin, who was commander of one of the imperial guard units (the Excubitors ) before he became emperor, adopted Justinian, brought him to Constantinople , and ensured the boy's education. As a result, Justinian was well educated in jurisprudence , theology , and Roman history. Justinian served as a candidatus , one of 40 men selected from the scholae palatinae to serve as

6952-555: Was appointed consul and commander of the army of the east. Justinian remained Justin's close confidant, and in 525 was granted the titles of nobilissimus and caesar (heir-apparent). He was crowned co-emperor on 1 April 527, and became sole ruler after Justin's death on 1 August 527. As a ruler, Justinian showed great energy. He was known as "the emperor who never sleeps" for his work habits. Nevertheless, he seems to have been amiable and easy to approach. Around 525, he married his mistress, Theodora , in Constantinople. She

7040-426: Was by profession an actress and some twenty years his junior. In earlier times, Justinian could not have married her owing to her class, but his uncle, Emperor Justin I, had passed a law lifting restrictions on marriages with ex-actresses. Though the marriage caused a scandal, Theodora would become very influential in the politics of the Empire. Other talented individuals included Tribonian , his legal adviser; Peter

7128-417: Was finally broken. In 554, a large-scale Frankish invasion was defeated at Casilinum , and Italy was secured for the Empire, though it would take Narses several years to reduce the remaining Gothic strongholds. At the end of the war, Italy was garrisoned with an army of 16,000 men. The recovery of Italy cost the empire about 300,000 pounds of gold. Procopius estimated 15,000,000 Goths died. In addition to

7216-447: Was forcibly brought to Constantinople and besieged at a chapel, finally also gave his assent. However, the condemnation was received unfavourably in the west, where it led to new (albeit temporal) schism, and failed to reach its goal in the east, as the Monophysites remained unsatisfied – all the more bitter for him because during his last years he took an even greater interest in theological matters. Justinian's religious policy reflected

7304-780: Was initially headed by Chief Justice Ramón Avanceña , but its work was interrupted by the Japanese invasion and the Second World War . The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947, President Manuel Roxas of the Third Republic created a new Code Commission, this time headed by the former Dean of the University of the Philippines College of Law , Jorge Bocobo . Among

7392-874: Was introduced was Italy (after the conquest by the so-called Pragmatic Sanction of 554 ), from where it was to pass to Western Europe in the 12th century and become the basis of much Continental European law code, which was eventually spread by European empires to the Americas and beyond in the Age of Discovery . It eventually passed to Eastern Europe where it appeared in Slavic editions, and it also passed on to Russia . It remains influential to this day. He passed laws to protect prostitutes from exploitation and women from being forced into prostitution . Rapists were treated severely. Further, by his policies: women charged with major crimes should be guarded by other women to prevent sexual abuse; if

7480-422: Was not safe from barbarian incursions from the north, and even the relatively benevolent historian Menander Protector felt the need to attribute the Emperor's failure to protect the capital to the weakness of his body in his old age. In his efforts to renew the Roman Empire, Justinian dangerously stretched its resources while failing to take into account the changed realities of 6th-century Europe. Justinian saw

7568-471: Was proclaimed the new emperor with significant help from Justinian. Justinian showed a lot of ambition, and several sources claim that he was functioning as virtual regent long before Justin made him associate emperor, although there is no conclusive evidence of this. As Justin became senile near the end of his reign, Justinian became the de facto ruler. Following the general Vitalian 's assassination in 520 (orchestrated by Justinian and Justin), Justinian

7656-735: Was reported to have converted 70,000 pagans, which was probably an exaggerated number. Other peoples also accepted Christianity: the Heruli , the Huns dwelling near the Don , the Abasgi , and the Tzanni in Caucasia . The worship of Amun at the oasis of Awjila in the Libyan desert was abolished, and so were the remnants of the worship of Isis on the island of Philae , at

7744-617: Was sent back to Italy late in 544 but lacked sufficient troops and supplies. Making no headway, he was relieved of his command in 548. Belisarius succeeded in defeating a Gothic fleet of 200 ships. During this period the city of Rome changed hands three more times, first taken and depopulated by the Ostrogoths in December 546, then reconquered by the Byzantines in 547, and then again by the Goths in January 550. Totila also plundered Sicily and attacked Greek coastlines. Finally, Justinian dispatched

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