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140-603: One of the five capital lawyers in Roman law , Domitius Ulpianus , (170–223) – who differentiated ius publicum from ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law. " huius studdii duæ sunt positiones: publicum et privatum. Publicum ius est, quod statum rei Romanæ spectat, privatum, quod ad singulorum utilitatem; sunt enim quædam publice utila, quædam privatim ". (Public law

280-558: A kaymakam -led internal administration. The emerging movement for a union of the Danubian Principalities (a demand first voiced in 1848, and a cause cemented by the return of revolutionary exiles) was advocated by the French and their Sardinian allies, supported by Russia and Prussia, but was rejected or suspicioned by all other overseers. After an intense campaign, a formal union was ultimately granted: nevertheless, elections for

420-606: A tax reform (which nonetheless confirmed tax exemptions for the privileged ), as well as major urban works in Bucharest and other cities. In 1834, Wallachia's throne was occupied by Alexandru II Ghica —a move in contradiction with the Adrianople treaty, as he had not been elected by the new Legislative Assembly ; he was removed by the suzerains in 1842 and replaced with an elected prince, Gheorghe Bibescu . Opposition to Ghica's arbitrary and highly conservative rule, together with

560-469: A Provisional Government, which made Dreptate, Frăție ("Justice, Brotherhood") the national motto . Although sympathetic to the anti-Russian goals of the revolution, the Ottomans were pressured by Russia into repressing it: Ottoman troops entered Bucharest on 13 September. Russian and Turkish troops, present until 1851, brought Barbu Dimitrie Știrbei to the throne, during which interval most participants in

700-432: 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 ,

840-401: 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

980-636: A change of 'ownership'. 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, the Romanians taking the Roma from the Mongols as slaves and preserving their status. Other historians consider that they were enslaved while captured during the battles with the Tatars. The practice of enslaving prisoners may also have been taken from

1120-405: 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

1260-470: A defeat on Murad II with the help of Pippo Spano . The peace signed in 1428 inaugurated a period of internal crisis, as Dan had to defend himself against Radu II , who led the first in a series of boyar coalitions against established princes. Victorious in 1431 (the year when the boyar-backed Alexander I Aldea took the throne), boyars were dealt successive blows by Vlad II Dracul (1436–1442; 1443–1447), who nevertheless attempted to compromise between

1400-567: A prince without any claim to noble heritage, was imposed on the throne and consequently agreed to a decrease in autonomy (increasing taxes and carrying out an armed intervention in Transylvania – supporting the pro-Turkish John Zápolya ). Conflicts between boyar families became stringent after the rule of Pătrașcu the Good , and boyar ascendancy over rulers was obvious under Petru the Younger (1559–1568;

1540-426: A reign dominated by Doamna Chiajna and marked by huge increases in taxes), Mihnea Turcitul , and Petru Cercel . The Ottoman Empire increasingly relied on Wallachia and Moldavia for the supply and maintenance of its military forces ; the local army , however, soon disappeared due to the increased costs and the much more obvious efficiency of mercenary troops. Initially profiting from Ottoman support, Michael

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1680-551: A request of several European powers), and sanction the end of Phanariote rules: in Wallachia, the first prince to be considered a local one after 1715 was Grigore IV Ghica . Although the new system was confirmed for the rest of Wallachia's existence as a state, Ghica's rule was abruptly ended by the devastating Russo-Turkish War of 1828–1829 . The 1829 Treaty of Adrianople placed Wallachia and Moldavia under Russian military rule, without overturning Ottoman suzerainty , awarding them

1820-544: 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,

1960-482: A turn of linguistic luck utterly in favor of the Wallachians' eastward posterity, this toponym, at least according to the phonotactics of modern Turkish, is homophonous with another word, افلاك , meaning "heavens" or "skies".). In old Albanian, the name was " Gogënia ", which was used to denote non-Albanian speakers. Arabic chronicles from the 13th century had used the name of Wallachia instead of Bulgaria . They gave

2100-453: A variety of nations, they have laws relating to their mutual intercourse, which is what we call the law of nations. As members of a society that must be properly supported, they have laws relating to the governors and the governed, and this we distinguish by the name of politic law. They have also another sort of law, as they stand in relation to each other; by which is understood the civil law." The concept of private law in common law countries

2240-621: Is Havasalföld , literally "Snowy lowlands", the older form of which is Havaselve , meaning "Land beyond the snowy mountains" ("snowy mountains" refers to the Southern Carpathians (the Transylvanian Alps) ); its translation into Latin, Transalpina was used in the official royal documents of the Kingdom of Hungary. In Ottoman Turkish , the term Eflâk Prensliği , or simply Eflâk افلاق , appears. (Note that in

2380-515: Is a historical and geographical region of modern-day Romania . It is situated north of the Lower Danube and south of the Southern Carpathians . Wallachia was traditionally divided into two sections, Muntenia (Greater Wallachia) and Oltenia (Lesser Wallachia). Dobruja could sometimes be considered a third section due to its proximity and brief rule over it. Wallachia as a whole is sometimes referred to as Muntenia through identification with

2520-420: 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

2660-542: Is a little broader, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law. The European Commission and the European Council have stated a desire to achieve greater approximation of private law across its (now) 27 member states of

2800-562: 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

2940-619: 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 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

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3080-461: 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

3220-456: Is that which concerns the Roman state, private law is concerned with the interests of citizens.) In the modern era, Charles-Louis Montesquieu (1689–1755) amplified supremely this distinction: International (law of nations), Public (politic law) and Private (civil law) Law, in his major work: (On) The Spirit of the Law (1748). "Considered as inhabitants of so great a planet, which necessarily contains

3360-560: 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 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

3500-477: 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)

3640-508: The Ad hoc Divans of 1859 profited from a legal ambiguity (the text of the final agreement specified two thrones, but did not prevent any single person from simultaneously taking part in and winning elections in both Bucharest and Iași ). Alexander John Cuza , who ran for the unionist Partida Națională , won the elections in Moldavia on 5 January; Wallachia, which was expected by the unionists to carry

3780-572: 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

3920-563: 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

4060-406: The seimeni rebellion of 1655). Furthermore, the growing importance of appointment to high office in front of land ownership brought about an influx of Greek and Levantine families, a process already resented by locals during the rules of Radu Mihnea in the early 17th century. Matei Basarab , a boyar appointee, brought a long period of relative peace (1632–1654), with the noted exception of

4200-637: 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

4340-525: The Battle of Nicopolis ), and accepted a peace treaty with the Ottomans in 1417, after Mehmed I took control of Turnu Măgurele and Giurgiu . The two ports remained part of the Ottoman state, with brief interruptions, until 1829. In 1418–1420, Michael I defeated the Ottomans in Severin, only to be killed in battle by the counter-offensive; in 1422, the danger was averted for a short while when Dan II inflicted

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4480-514: The Danube , conceded to recognize him as overlord in 1368, but rebelled again in the same year; his rule also witnessed the first confrontation between Wallachia and the Ottoman Empire (a battle in which Vladislav was allied with Ivan Shishman ). As the entire Balkans became an integral part of the growing Ottoman Empire (a process that concluded with the fall of Constantinople to Sultan Mehmed

4620-639: The Dâmboviţa River bridge to collect tax following the law. The presence of Bulgarian customs officers at the Carpathians indicates a Bulgarian suzerainty over those lands, though Radu's imperative tone hints at a strong and increasing Wallachian autonomy. Under Radu I and his successor Dan I , the realms in Transylvania and Severin continued to be disputed with Hungary. Basarab was succeeded by Nicholas Alexander , followed by Vladislav I . Vladislav attacked Transylvania after Louis I occupied lands south of

4760-508: The European rebellions of the same year ). Their pan-Wallachian coup d'état was initially successful only near Turnu Măgurele , where crowds cheered the Islaz Proclamation (9 June); among others, the document called for political freedoms , independence, land reform , and the creation of a national guard. On 11–12 June the movement was successful in deposing Bibescu and establishing

4900-561: 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

5040-751: The Ghicas , backed their own choice of princes ( Antonie Vodă din Popești and George Ducas ) before promoting themselves—with the ascension of Șerban Cantacuzino (1678–1688). Wallachia became a target for Habsburg incursions during the last stages of the Great Turkish War around 1690, when the ruler Constantin Brâncoveanu secretly and unsuccessfully negotiated an anti-Ottoman coalition. Brâncoveanu's reign (1688–1714), noted for its late Renaissance cultural achievements (see Brâncovenesc style ), also coincided with

5180-687: The Growth of the Ottoman Empire brought increased pressures on Wallachia: political control was accompanied by Ottoman economical hegemony, the discarding of the capital in Târgoviște in favour of Bucharest (closer to the Ottoman border, and a rapidly growing trade center), the establishment of serfdom under Michael the Brave as a measure to increase manorial revenues, and the decrease in importance of low-ranking boyars (threatened with extinction, they took part in

5320-765: The Moesia Inferior province. The Roman limes was initially built along the Olt River in 119 before being moved slightly to the east in the second century, during which time it stretched from the Danube up to Rucăr in the Carpathians. The Roman line fell back to the Olt in 245 and, in 271, the Romans pulled out of the region. The area was subject to Romanization also during the Migration Period , when most of present-day Romania

5460-561: The Mongol invasion of Europe , Cuman domination was ended—a direct Mongol rule over Wallachia was not attested. Part of Wallachia was probably briefly disputed by the Kingdom of Hungary and Bulgarians in the following period, but it appears that the severe weakening of Hungarian authority during the Mongol attacks contributed to the establishment of the new and stronger polities attested in Wallachia for

5600-569: The Oltenian banat , who sought Ottoman support in their rivalry with Mihnea cel Rău (1508–1510) and replaced him with Vlăduț . After the latter proved to be hostile to the bans, the House of Basarab formally ended with the rise of Neagoe Basarab , a Craioveşti. Neagoe's peaceful rule (1512–1521) was noted for its cultural aspects (the building of the Curtea de Argeş Cathedral and Renaissance influences). It

5740-599: The Ottoman Empire ; this lasted until the 19th century. In 1859, Wallachia united with Moldavia to form the United Principalities , which adopted the name Romania in 1866 and officially became the Kingdom of Romania in 1881. Later, following the dissolution of the Austro-Hungarian Empire and the resolution of the elected representatives of Romanians in 1918, Bukovina , Transylvania and parts of Banat , Crișana , and Maramureș were allocated to

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5880-451: The Peace of Bucharest , the rule of Jean Georges Caradja , although remembered for a major plague epidemic , was notable for its cultural and industrial ventures. During the period, Wallachia increased its strategic importance for most European states interested in supervising Russian expansion; consulates were opened in Bucharest, having an indirect but major impact on Wallachian economy through

6020-548: The Pechenegs , Turkic peoples who extended their rule west through the tenth and 11th century, until they were defeated around 1091, when the Cumans of southern Ruthenia took control of the lands of Wallachia. Beginning with the tenth century, Byzantine, Bulgarian, Hungarian, and later Western sources mention the existence of small polities, possibly peopled by, among others, Vlachs led by knyazes and voivodes . In 1241, during

6160-417: 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

6300-459: 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 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

6440-760: The Russo-Turkish War of 1806–12 was partly instigated by the Porte 's deposition of Constantine Ypsilantis in Bucharest—in tune with the Napoleonic Wars , it was instigated by the French Empire , and also showed the impact of the Treaty of Küçük Kaynarca (with its permissive attitude towards Russian political influence in the Danubian Principalities ); the war brought the invasion of Mikhail Andreyevich Miloradovich . After

6580-458: The Southern Carpathians , and is traditionally divided between Muntenia in the east (as the political center, Muntenia is often understood as being synonymous with Wallachia), and Oltenia (a former banat ) in the west. The division line between the two is the Olt River . Wallachia's traditional border with Moldavia coincided with the Milcov River for most of its length. To the east, over

6720-543: 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,

6860-461: 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

7000-464: 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

7140-467: 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

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7280-482: The 1653 Battle of Finta , fought between Wallachians and the troops of Moldavian prince Vasile Lupu —ending in disaster for the latter, who was replaced with Prince Matei's favourite, Gheorghe Ștefan , on the throne in Iași . A close alliance between Gheorghe Ștefan and Matei's successor Constantin Șerban was maintained by Transylvania's George II Rákóczi , but their designs for independence from Ottoman rule were crushed by

7420-559: The 1840s and 1850s. Most of the slaves were of Roma (Gypsy) ethnicity. The very first document attesting the presence of Roma people in Wallachia dates back to 1385, and refers to the group as ațigani (from the Greek athinganoi , the origin of the Romanian term țigani , which is synonymous with "Gypsy"). Although the Romanian terms robie and sclavie appear to be synonyms, in terms of legal status, there are significant differences: sclavie

7560-423: 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

7700-576: The Brave ascended to the throne in 1593, and attacked the troops of Murad III north and south of the Danube in an alliance with Transylvania's Sigismund Báthory and Moldavia's Aron Vodă (see Battle of Călugăreni ). He soon placed himself under the suzerainty of Rudolf II , the Holy Roman Emperor , and, in 1599–1600, intervened in Transylvania against Poland 's king Sigismund III Vasa , placing

7840-576: The Conqueror in 1453), Wallachia became engaged in frequent confrontations in the final years of the reign of Mircea I (r. 1386–1418). Mircea initially defeated the Ottomans in several battles, including the Battle of Rovine in 1394, driving them away from Dobruja and briefly extending his rule to the Danube Delta , Dobruja and Silistra (c. 1400–1404). He swung between alliances with Sigismund, Holy Roman Emperor , and Jagiellon Poland (taking part in

7980-442: The Danube north-south bend, Wallachia neighbours Dobruja ( Northern Dobruja ). Over the Carpathians, Wallachia shared a border with Transylvania ; Wallachian princes have for long held possession of areas north of the line ( Amlaș , Ciceu , Făgăraș , and Hațeg ), which are generally not considered part of Wallachia proper. The capital city changed over time, from Câmpulung to Curtea de Argeș , then to Târgoviște and, after

8120-407: The Danube, encountered his troops' strong opposition. From its establishment in 681 to approximately the Hungarians ' conquest of Transylvania at the end of the tenth century, the First Bulgarian Empire controlled the territory of Wallachia. With the decline and subsequent Byzantine conquest of Bulgaria (from the second half of the tenth century up to 1018), Wallachia came under the control of

8260-416: The European Union , including within the fields of contract law, property law and family law. In regard to contract law, it the Commission and Council have argued that there are problems resulting from divergences in this field of law across the EU, and in regard to family law, the Council suggests that this field is "a possible subject for a discussion on ... approximation". Roman law Roman law

8400-453: 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

8540-418: 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

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8680-400: The Goths (who had settled north of the Danube) in 332. The period of Goth rule ended when the Huns arrived in the Pannonian Basin and, under Attila , attacked and destroyed some 170 settlements on both sides of the Danube. Byzantine influence is evident during the fifth to sixth century, such as the site at Ipotești–Cândești culture , but from the second half of the sixth century and in

8820-400: The Habsburg monarchy on the other. Mavrocordatos himself was deposed by a boyar rebellion, and arrested by Habsburg troops during the Austro-Turkish War of 1716–18 , as the Ottomans had to concede Oltenia to Charles VI of Austria (the Treaty of Passarowitz ). The region, organized as the Banat of Craiova and subject to an enlightened absolutist rule that soon disenchanted local boyars,

8960-405: 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

9100-570: The Kingdom of Romania, thereby forming the modern Romanian state. The name Wallachia is an exonym , generally not used by Romanians themselves, who used the denomination "Țara Românească" – Romanian Country or Romanian Land, although it does appear in some Romanian texts as Valahia or Vlahia . It derives from the term walhaz used by Germanic peoples and Early Slavs to refer to Romans and other speakers of foreign languages. In Northwestern Europe , this gave rise to Wales , Cornwall , and Wallonia , among others, while in Southeast Europe it

9240-509: 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

9380-425: The Mongols. While it is possible that some Romani people were slaves or auxiliary troops of the Mongols or Tatars, the bulk of them came from south of the Danube at the end of the 14th century, some time after the foundation of Wallachia . The arrival of the Roma made slavery a widespread practice. Traditionally, Roma slaves were divided into three categories. The smallest was owned by the hospodars , and went by

9520-416: The Ottoman Sultan and the Holy Roman Empire . The following decade was marked by the conflict between the rival houses of Dănești and Drăculești . Faced with both internal and external conflict, Vlad II Dracul reluctantly agreed to pay the tribute demanded of him by the Ottoman Empire, despite his affiliation with the Order of the Dragon , a group of independent noblemen whose creed had been to repel

9660-446: The Ottoman invasion. As part of the tribute, the sons of Vlad II Dracul ( Radu cel Frumos and Vlad III Dracula ) were taken into Ottoman custody. Recognizing the Christian resistance to their invasion, leaders of the Ottoman Empire released Vlad III to rule in 1448 after his father's assassination in 1447. Known as Vlad III the Impaler or Vlad III Dracula, he immediately put to death the boyars who had conspired against his father, and

9800-473: The Provisional Government included the emancipation ( dezrobire ) of the Roma as one of the main social demands. By the 1850s the movement gained support from almost the whole of Romanian society, and the law from February 1856 emancipated all slaves to the status of taxpayers (citizens). With an area of approximately 77,000 km (30,000 sq mi), Wallachia is situated north of the Danube (and of present-day Bulgaria ), east of Serbia and south of

9940-460: 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

10080-405: 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

10220-495: 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

10360-474: 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

10500-467: The alliance as broken—he had Vladimirescu executed, and faced the Ottoman intervention without Pandur or Russian backing, suffering major defeats in Bucharest and Drăgășani (before retreating to Austrian custody in Transylvania ). These violent events, which had seen the majority of Phanariotes siding with Ypsilantis, made Sultan Mahmud II place the Principalities under its occupation (evicted by

10640-644: 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

10780-586: The ascendancy of Greeks , compromised with the Greek revolutionaries in the Filiki Eteria and allied itself with the regents, while seeking Russian support (see also: Rise of nationalism under the Ottoman Empire ). On 21 March 1821 Vladimirescu entered Bucharest. For the following weeks, relations between him and his allies worsened, especially after he sought an agreement with the Ottomans; Eteria's leader Alexander Ypsilantis , who had established himself in Moldavia and, after May, in northern Wallachia, viewed

10920-573: The battle after an agreement between the Craiovești and Sultan Süleyman the Magnificent ; Prince Radu eventually confirmed Süleyman's position as suzerain and agreed to pay an even higher tribute. Ottoman suzerainty remained virtually unchallenged throughout the following 90 years. Radu Paisie , who was deposed by Süleyman in 1545, ceded the port of Brăila to Ottoman administration in the same year. His successor Mircea Ciobanul (1545–1554; 1558–1559),

11060-542: The borders of Wallachia, which interfered with their control of trade routes. In retaliation, the Saxons distributed grotesque poems of cruelty and other propaganda, demonizing Vlad III Dracula as a drinker of blood. These tales strongly influenced an eruption of vampiric fiction throughout the West and, in particular, Germany. They also inspired the main character in the 1897 Gothic novel Dracula by Bram Stoker . In 1462, Vlad III

11200-427: 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

11340-419: 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

11480-577: The coordinates of Wallachia and specified that Wallachia was named al-Awalak and the dwellers ulaqut or ulagh . The area of Oltenia in Wallachia was also known in Turkish as Kara-Eflak ("Black Wallachia") and Kuçuk-Eflak ("Little Wallachia"), while the former has also been used for Moldavia. In the Second Dacian War (AD 105) western Oltenia became part of the Roman province of Dacia , with parts of later Wallachia included in

11620-477: The country during the Russo-Turkish-Austrian War , deposing Nicholas Mavrogenes in 1789. A period of crisis followed the Ottoman recovery: Oltenia was devastated by the expeditions of Osman Pazvantoğlu , a powerful rebellious pasha whose raids even caused prince Constantine Hangerli to lose his life on suspicion of treason (1799), and Alexander Mourousis to renounce his throne (1801). In 1806,

11760-641: The country, a move towards centralism . In 1768, during the Fifth Russo-Turkish War , Wallachia was placed under its first Russian occupation (helped along by the rebellion of Pârvu Cantacuzino ). The Treaty of Küçük Kaynarca (1774) allowed Russia to intervene in favour of Eastern Orthodox Ottoman subjects, curtailing Ottoman pressures—including the decrease in sums owed as tribute —and, in time, relatively increasing internal stability while opening Wallachia to more Russian interventions. Habsburg troops, under Prince Josias of Coburg , again entered

11900-800: 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

12040-430: 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

12180-432: 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

12320-526: The duration of his reign, the union was irreversible after the ascension of Carol I in 1866 (coinciding with the Austro-Prussian War , it came at a time when Austria, the main opponent of the decision, was not in a position to intervene). Slavery ( Romanian : robie ) was part of the social order from before the founding of the Principality of Wallachia, until it was abolished in stages during

12460-652: 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

12600-485: 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 ,

12740-658: 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

12880-401: 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

13020-488: 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

13160-491: The fall of the Árpád dynasty opened the way for the unification of Wallachian polities, and to independence from Hungarian rule. Wallachia's creation, held by local traditions to have been the work of one Radu Negru (Black Radu), is historically connected with Basarab I of Wallachia (1310–1352), who rebelled against Charles I of Hungary and took up rule on either side of the Olt, establishing his residence in Câmpulung as

13300-431: The first common institutions and semblance of a constitution (see Regulamentul Organic ). Wallachia was returned ownership of Brăila , Giurgiu (both of which soon developed into major trading cities on the Danube ), and Turnu Măgurele . The treaty also allowed Moldavia and Wallachia to freely trade with countries other than the Ottoman Empire, which signalled substantial economic and urban growth, as well as improving

13440-550: The first ruler of the House of Basarab . Basarab refused to grant Hungary the lands of Făgăraș , Almaș and the Banate of Severin , defeated Charles in the Battle of Posada (1330), and, according to Romanian historian Ștefan Ștefănescu , extended his lands to the east, to comprise lands as far as Kiliya in the Budjak (reportedly providing the origin of Bessarabia ); the supposed rule over

13580-531: The following decades. One of the first written pieces of evidence of local voivodes is in connection with Litovoi (1272), who ruled over land each side of the Carpathians (including Hațeg Country in Transylvania), and refused to pay tribute to Ladislaus IV of Hungary . His successor was his brother Bărbat (1285–1288). The continuing weakening of the Hungarian state by further Mongol invasions (1285–1319) and

13720-410: 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

13860-405: The larger of the two traditional sections. Wallachia was founded as a principality in the early 14th century by Basarab I after a rebellion against Charles I of Hungary , although the first mention of the territory of Wallachia west of the river Olt dates to a charter given to the voivode Seneslau in 1246 by Béla IV of Hungary . In 1417, Wallachia was forced to accept the suzerainty of

14000-598: The late 17th century, to Bucharest . Contemporary historians estimate the population of Wallachia in the 15th century at 500,000 people. In 1859, the population of Wallachia was 2,400,921 (1,586,596 in Muntenia and 814,325 in Oltenia ). According to the latest 2011 census data, the region has a total population of 8,256,532 inhabitants, distributed among the ethnic groups as follows (as per 2001 census): Romanians (97%), Roma (2.5%), others (0.5%). The largest cities (as per

14140-640: The latter was not preserved by the princes that followed, as Kilia was under the rule of the Nogais c. 1334. There is evidence that the Second Bulgarian Empire ruled at least nominally the Wallachian lands up to the Rucăr– Bran corridor as late as the late 14th century. In a charter by Radu I , the Wallachian voivode requests that tsar Ivan Alexander of Bulgaria order his customs officers at Rucăr and

14280-474: The leadership of the three states, was considered in later periods as the precursor of a modern Romania, a thesis which was argued with noted intensity by Nicolae Bălcescu . Following Michael's downfall, Wallachia was occupied by the Polish–Moldavian army of Simion Movilă (see Moldavian Magnate Wars ), who held the region until 1602, and was subject to Nogai attacks in the same year. The last stage in

14420-478: 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

14560-450: 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

14700-406: The peasant situation. Many of the provisions had been specified by the 1826 Akkerman Convention between Russia and the Ottomans, but it had never been fully implemented in the three-year interval. The duty of overseeing of the Principalities was left to Russian general Pavel Kiselyov ; this period was marked by a series of major changes, including the reestablishment of a Wallachian Army (1831),

14840-437: 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

14980-614: The protection they extended to Sudiți traders (who soon competed successfully against local guilds). The death of prince Alexander Soutzos in 1821, coinciding with the outbreak of the Greek War of Independence , established a boyar regency which attempted to block the arrival of Scarlat Callimachi to his throne in Bucharest. The parallel uprising in Oltenia , carried out by the Pandur leader Tudor Vladimirescu , although aimed at overthrowing

15120-403: The region under his authority; his brief rule also extended to Moldavia later in the following year. For a brief period, Michael the Brave ruled (in a personal, but not formal, union) most of the territories where Romanians lived, rebuilding the base of the ancient Kingdom of Dacia . The rule of Michael the Brave, with its break with Ottoman rule, tense relations with other European powers and

15260-519: 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

15400-440: 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;

15540-516: The resurgent Vlad III and Basarab Laiotă cel Bătrân during his 11-year reign. Subsequently, Radu IV the Great (Radu cel Mare, who ruled 1495–1508) reached several compromises with the boyars, ensuring a period of internal stability that contrasted his clash with Bogdan III the One-Eyed of Moldavia. The late 15th century saw the ascension of the powerful Craiovești family, virtually independent rulers of

15680-581: The revolution were sent into exile. Briefly under renewed Russian occupation during the Crimean War , Wallachia and Moldavia were given a new status with a neutral Austrian administration (1854–1856) and the Treaty of Paris : a tutelage shared by Ottomans and a Congress of Great Powers (Britain, France, the Kingdom of Piedmont-Sardinia , the Austrian Empire, Prussia, and, albeit never again fully, Russia), with

15820-410: The rise of Imperial Russia under Tsar Peter the Great —he was approached by the latter during the Russo-Turkish War of 1710–11 , and lost his throne and life sometime after sultan Ahmed III caught news of the negotiations. Despite his denunciation of Brâncoveanu's policies, Ștefan Cantacuzino attached himself to Habsburg projects and opened the country to the armies of Prince Eugene of Savoy ; he

15960-453: The rise of liberal and radical currents, was first felt with the protests voiced by Ion Câmpineanu (quickly repressed); subsequently, it became increasingly conspiratorial , and centered on those secret societies created by young officers such as Nicolae Bălcescu and Mitică Filipescu . Frăția , a clandestine movement created in 1843, began planning a revolution to overthrow Bibescu and repeal Regulamentul Organic in 1848 (inspired by

16100-436: The same vote, returned a majority of anti-unionists to its divan . Those elected changed their allegiance after a mass protest of Bucharest crowds, and Cuza was voted prince of Wallachia on 5 February (24 January Old Style ), consequently confirmed as Domnitor of the United Principalities of Moldavia and Wallachia ( of Romania from 1862) and effectively uniting both principalities . Internationally recognized only for

16240-561: 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

16380-458: The seventh century, Slavs crossed the territory of Wallachia and settled in it, on their way to Byzantium, occupying the southern bank of the Danube. In 593, the Byzantine commander-in-chief Priscus defeated Slavs, Avars and Gepids on future Wallachian territory, and, in 602, Slavs suffered a crucial defeat in the area; Flavius Mauricius Tiberius , who ordered his army to be deployed north of

16520-448: 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

16660-770: The state were Muntenia (The Land of Mountains), Țara Rumânească (the Romanian Land), Valahia, and, rarely, România. The spelling variant Țara Românească was adopted in official documents by the mid-19th century; however, the version with u remained common in local dialects until much later. For long periods after the 14th century, Wallachia was referred to as Vlashko ( Bulgarian : Влашко ) by Bulgarian sources, Vlaška ( Serbian : Влашка ) by Serbian sources, Voloschyna ( Ukrainian : Волощина ) by Ukrainian sources, and Walachei or Walachey by German -speaking (most notably Transylvanian Saxon ) sources. The traditional Hungarian name for Wallachia

16800-779: 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

16940-500: The troops of Mehmed IV in 1658–1659. The reigns of Gheorghe Ghica and Grigore I Ghica , the sultan's favourites, signified attempts to prevent such incidents; however, they were also the onset of a violent clash between the Băleanu and Cantacuzino boyar families, which was to mark Wallachia's history until the 1680s. The Cantacuzinos, threatened by the alliance between the Băleanus and

17080-451: 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

17220-423: 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

17360-671: Was a common practice in Eastern Europe at the time, and there is some debate over whether the Romani people came to Wallachia as free people or as slaves. In the Byzantine Empire , they were slaves of the state and it seems the situation was the same in Bulgaria and Serbia until their social organization was destroyed by the Ottoman conquest, which would suggest that they came as slaves who had

17500-531: Was also a period of increased influence for the Saxon merchants in Brașov and Sibiu , and of Wallachia's alliance with Louis II of Hungary . Under Teodosie , the country was again under a four-month-long Ottoman occupation, a military administration that seemed to be an attempt to create a Wallachian Pashaluk . This danger rallied all boyars in support of Radu de la Afumaţi (four rules between 1522 and 1529), who lost

17640-498: 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

17780-453: Was also invaded by Goths and Sarmatians known as the Chernyakhov culture , followed by waves of other nomads . In 328, the Romans built a bridge between Sucidava and Oescus (near Gigen ) which indicates that there was a significant trade with the peoples north of the Danube. A short period of Roman rule in the area is attested under Emperor Constantine the Great , after he attacked

17920-458: Was brought to Wallachia in 1715 by the very same ruler. The tense relations between boyars and princes brought a decrease in the number of taxed people (as a privilege gained by the former), a subsequent increase in total taxes, and the enlarged powers of a boyar circle in the Divan. In parallel, Wallachia became the battleground in a succession of wars between the Ottomans on one side and Russia or

18060-571: Was carried out following a campaign by young revolutionaries who embraced the liberal ideas of the Enlightenment . The earliest law which freed a category of slaves was in March 1843, which transferred the control of the state slaves owned by the prison authority to the local authorities, leading to their sedentarizing and becoming peasants. During the Wallachian Revolution of 1848 , the agenda of

18200-496: Was characterized as both a national hero and a cruel tyrant . He was cheered for restoring order to a destabilized principality, yet showed no mercy toward thieves, murderers or anyone who plotted against his rule. Vlad demonstrated his intolerance for criminals by utilizing impalement as a form of execution. Vlad fiercely resisted Ottoman rule, having both repelled the Ottomans and been pushed back several times. The Transylvanian Saxons were also furious with him for strengthening

18340-581: 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

18480-457: Was defeated by Mehmed the Conqueror during his offensive at the Night Attack at Târgovişte before being forced to retreat to Târgoviște and accepting to pay an increased tribute. Meanwhile, Vlad III faced parallel conflicts with his brother, Radu cel Frumos, (r. 1437/1439–1475), and Basarab Laiotă cel Bătrân . This led to the conquest of Wallachia by Radu, who would face his own struggles with

18620-760: 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. Wallachia Wallachia or Walachia ( / w ɒ ˈ l eɪ k i ə / ; Romanian : Țara Românească , lit.   'The Romanian Land' or 'The Romanian Country'; Old Romanian : Țeara Rumânească , Romanian Cyrillic alphabet : Цѣра Рꙋмѫнѣскъ )

18760-582: Was himself deposed and executed in 1716. Immediately following the deposition of Prince Ștefan, the Ottomans renounced the purely nominal elective system (which had by then already witnessed the decrease in importance of the Boyar Divan over the sultan's decision), and princes of the two Danubian Principalities were appointed from the Phanariotes of Constantinople . Inaugurated by Nicholas Mavrocordatos in Moldavia after Dimitrie Cantemir , Phanariote rule

18900-457: 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

19040-506: 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

19180-584: Was returned to Wallachia in 1739 (the Treaty of Belgrade , upon the close of the Austro-Russian–Turkish War (1735–39) ). Prince Constantine Mavrocordatos , who oversaw the new change in borders, was also responsible for the effective abolition of serfdom in 1746 (which put a stop to the exodus of peasants into Transylvania ); during this period, the ban of Oltenia moved his residence from Craiova to Bucharest , signalling, alongside Mavrocordatos' order to merge his personal treasury with that of

19320-426: 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

19460-421: Was the term corresponding to the legal institution during the Roman era , where slaves were considered goods instead of human beings and the owners had ius vitae necisque over them (right to end the life of the slave); while robie is the feudal institution where the slaves were legally considered human beings and they had reduced legal capacity. The exact origins of slavery in Wallachia are not known. Slavery

19600-832: Was used to designate Romance -speakers, and subsequently shepherds in general. In Slavonic texts of the Early Middle Ages , the name Zemli Ungro-Vlahiskoi ( Земли Унгро-Влахискои or "Hungaro-Wallachian Land") was also used as a designation for the region. The term, translated in Romanian as "Ungrovalahia", remained in use up to the modern era in a religious context, referring to the Romanian Orthodox Metropolitan seat of Hungaro-Wallachia , in contrast to Thessalian or Great Vlachia in Greece or Small Wallachia (Mala Vlaška) in Serbia. The Romanian-language designations of

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