Código de Justiniano

Corpus Iuris Civilis Corpus Juris Civilis ROMANI. Gothofredus, 1583El Corpus Juris Civilis (Body of Civil Law, in Latin) is the most important collection of Roman law in history. It was conducted between 529 and 534 by order of Emperor Justinian (527-565) and directed by the lawyer Triboniano. Its name comes from the complete edition of the works that compose published, Denis Godfrey, in Geneva in 1583. Thanks to the existence of this collection, it was possible to know the contents of the old Roman law, remain fundamental to modern legal systems, especially continental tradition. Background [edit] Justinian did collect all the constitutions from Hadrian to his days, making variations. Everything for material classified under different headings and they formed a single work that appeared in 529 known Iustinianus Codex or Code of Justinian. The code was confirmed by a constitution of the emperor (the Codex Vetus). A thought so useful and successful as was to bring all laws into one work, induced either Justinian to publish under his name other collections to which it gave legal binding force. So conclude the constitution, instructed Tribonian, one of the principal drafters of the Old Code, which partnered ten and six lawyers of note, take the works of the most famous jurists, all those doctrines that were still to be use in practice: these extracts by collecting materials and under different titles, without following the election of these doctrines to the order established by the law of Valentinian subpoena, or to retain faithfully the letter of his texts apart from that had fallen into disuse. This book was written in three years during which he compared the writings of thirty-nine jurists, whose sentences were taken more often than not from his own works but from others that had been inserted, the effect of rainfall and the impatience with which they worked. All this vast compilation called Digesta or Pandect also known by the name of Juris enucleati ex omni juri veteris collecti. Each extract consisted of a principium and one or more paragraphi an inscription citing the name and work of a lawyer, where he was taken. It was aimed at practice and on the order of contents was given to the ancient edict. It was published at the end of the year 533 by the emperor and confirmed the work was divided into fifty books in seven parts corresponding to the Edict. The first in Book I, the second in the V, the third in the twelfth century in the fourth, the fifth in the XXVIII, XXVI in the sixth, and seventh in the XLV. The first one entitled Prota contains a statement of general doctrines. The second judiciciis real actions. The third of rebus all contracts except the stipulations. The fourth unique libri wills and guardianships. The fifth libri unique legacy trusts. The sixth and seventh to the law in general. In addition more work was needed to teach general principles of law to the young apprentices of law and Theophilus and Doroteo Tribonian together formed a very abridged law system under the name of the Institute. In this work were to present the first principles of science and modern consulting practice. It also took into account Gajus institutes and the new constitutions of Justinian. There was a revision in the date of 16 November 534 under the name of Codex repetitae praelectionis. This work contained the rescript of the emperors who ruled from Hadrian to Constantine and the edicts and laws of the emperor's successors until the reign of Justinian. It was divided into twelve books scattered titles on which constitutions are arranged by subject matter to which they belong and put in chronological order. Published after these legal collections of Justinian's reign lasted thirty years dictating many constitutions and decrees which are known by the name of Novellae constitutiones. Were retained for a long time apart and now we must have gathered a combination made by the commentators, composed of nine snacks. Each snack includes many titles and they usually contains a novel, but the eighth novel includes two who are the second and third in the second collation. The commentators do not support the nine snacks more than ninety-seven novels, which are therefore ninety-eight certificates, others were watching them as useless, calling, Novellae extravagant or unusual, which added at first to the ninth collection until the La Conte joined the issue by not giving in 1571.De glossed so that now there are 168 novels, of which 160 are of Justinian (140 and 144 novels are of Justin the Younger, the 161, 163 and 164 are of Tiberius, and the 166 and 168 are praefecti praetorian edicts). This collection of thirteen novels follow edicts of the Emperor himself, who in reality are the same as those differing only from those in which these local rules contain only limited value. Also under the heading of jus ad Tractatus varii also generally understood in that body of law the laws of the Twelve Tables as the works of Cicero and Gothofredo. Also include in the body of law other constitutions of the emperor Leon and the book of the manors after Justinian. On the other hand has to resanar the Corpus Juris Civilis this: that if you choose Tribonian owned in ancient texts of works that were more to his liking, was not so in the powers of the emperor, to waive them faithfully extract what these contain. As supreme legislator Justinian might well reject the acts of the Antonines and condemn as seditious principles of freedom that had hitherto sustained the previous legislators of the Byzantine Empire. But the facts were out past the limits of his power. The Emperor Justinian in any way altered the ancient texts and put under the respectable names of their ancestors servile ideas, born in recent times of the Byzantine Empire and defacing respectable decisions that represented the ideas of the ancient emperors. These changes are called Emblemata Triboriani. Even the Justinian made the following confession in the Justinian Code. I.til. XVIII, LEG.3. n 10 of these conditions: "Nomina quidem veteribus servavimus; leg veritatem um autem nostram fecimus. Itaque, si quid erat in illis seditiosum, fine talia erant autem ibi reposita, hoc est decisum ac definitum finem et in deductive perpicuum quaeque lex est ... "