FEATURES OF THE RECEPTION OF ROMAN LAW IN THE GRAND DUCHY OF LITHUANIA
DOI:
https://doi.org/10.17721/1728-2195/2023/2.126-7Keywords:
reception, Roman law, Ukrainian law, Roman-Byzantine law, Lithuanian statute, Grand Duchy of Lithuania, Lithuania-Rus' State, Byzantium, Ecloga, Prochiron, Kormchaia BookAbstract
Background. The purpose of this study is to carry out a comprehensive historical and legal analysis of the chronology and geography of the ways of Roman law reception into the legal system of the Grand Duchy of Lithuania (GDL).
Methods. The validity of theoretical propositions, conclusions, scientific analysis and the reliability of research results is ensured by the use of a complex of philosophical, general scientific and special scientific methods, namely: historical-legal, comparative-legal, historical-functional, formal-legal, and legal methods, etc. The research was conducted from the standpoint of the principles of historicism, objectivity, universality, complementarity, and reasonableness, which created a reliable methodological basis for a comprehensive analysis of the research subject.
Results. The article analyzes Western and Eastern European types of Roman law reception, their geography, and chronological boundaries. The author singled out numerous legal norms that, in essence, being the norms of the received Roman-Byzantine law, were perceived as customary law in the GDL. It is proved that the reception of Roman law in the GDL from Byzantium took place earlier than from Western Europe. It has been established that the norms of Roman-Byzantine law were borrowed from the ecclesiastical legislation of Byzantium or through state legal acts, in which secular norms were closely intertwined with Christian legal provisions.
Conclusions. Based on the analysis of the chronology and geography of the reception of Roman law in the Grand Duchy of Lithuania, the author concludes about the significant influence of Roman-Byzantine law on the formation and development of the principality's legal system. It is substantiated that this influence is connected with the process of reception of Roman-Byzantine law in the Rus' law of the pre-Mongol period and with the further spread and evolution of the received legal norms in the form of various legal forms in rights of the Grand Duchy of Lithuania.
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