TO THE PROBLEM OF THE RECEPTION OF ROMAN LAW IN LITHUANIAN STATUTES (ON THE EXAMPLE OF INHERITANCE LAW)
DOI:
https://doi.org/10.17721/1728-2195/2022/4.123-8Keywords:
reception, Roman law, Lithuanian-Russian law, Lithuanian statute, Lithuanian-Russian state, inheritance law, Justinian's Institutions, Novels, DigestsAbstract
The purpose of the article is a comprehensive historical and legal analysis of the peculiarities of the reception of Roman law in the Statutes of the Grand Duchy of Lithuania on the example of inheritance law. The reasonableness of theoretical propositions, conclusions, scientific analysis and the reliability of research results are ensured by using of a set of philosophical, general scientific and special scientific methods, namely: historical and legal, comparative and legal, historical and functional, formal and legal, etc. The research was carried out from the perspective of the historicism principles, objectivity, versatility, complementarity, and reasonableness, which created a reliable methodological basis for a comprehensive analysis of the research subject. The article provides a comparative legal analysis of Article 14 of Chapter V of the Statute of 1529 with the provisions of Justinian's Institutions and Digest, as well as Article 13 of Chapter IV of the Statute of 1529 and Article 7 of Chapter VIII of the Statute of 1566 with Justinian's 115th novella. It is proved that the active transplantation of the norms of Roman law to the Lithuanian-Russian soil did not begin in the Statute of 1566, but during the work on the Statute of 1529. It was established that the reception of the provisions of Roman law in the Lithuanian statutes is mostly superficial, the theoretical part and complex legal categories Roman jurisprudence is almost never used, and borrowings often turn into a literal translation of one or another norm. The author comes to the conclusion that in some cases the Lithuanian-Russian law adopted the Roman norms of inheritance law so much that it even used identical exceptions from the general rules. The problem of ways of reception of Roman legal norms, especially regarding the Statute of 1529, remains debatable and relevant enough to be analyzed in detail in a separate scientific study in the future.
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