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Institutions of Roman private law in a historical-comparative perspective

Grant number: 10/19741-2
Support type:Regular Research Grants
Duration: March 01, 2011 - February 28, 2013
Field of knowledge:Applied Social Sciences - Law
Principal researcher:Alessandro Hirata
Grantee:Alessandro Hirata
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

Roman private law is the basis of the Brazilian system of modern private law by his reception at the European continental law. For the study and understanding of the Roman private law, it's necessary to analyse the sources of the classical Roman jurists (Century BC till 3rd century AD), which make up the Corpus Iuris Civilis. In addition, the Corpus Iuris Civilis is the means by which these scriptures come to us. This research presents selected themes of Roman private law, showing its effects on modern law. Thus is explained the origin of the modern civil law, the complexity of its content can not be explained without the aid of knowledge of its history. However, our research is not just for a history research with an eye to the modern law. Through the historical comparative law method called synchronic and diachronic, our analysis of comparative law will be history also historical legal cultures, especially with other fields of ancient law. In particular, we choose the Cuneiform Law, our main field of comparative law analysis. (AU)