Podobieństwa między prawem rzymskim i angielskim na przykładzie reguł dotyczących postępowania i zobowiązań
Parallels between Roman Civil Law and English Common Law as exemplified by the Rules that govern Litigation and Obligations
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The paper starts with the presentation of factors that probably stand behind analogies between the Roman Civil Law and the English Common Law (1). These factors concern the framework of the sources of law – the dominance of case-law, the dogma of unalterable good-old law (2). Then the text presents the phenomenon of domination of procedural rules over the substantive ones. Even the Eng lish legal historians, although reluctant to concede that Romanisation also took place in Albion, admit that to a certain degree “their” original writs and forms of action in common law functioned similarly to the formulary system of the Roman law (3). A number of parallels was detectable in the sphere of substantive law as well. Then the paper focuses on the law of obligations, especially the contract law (4) and the restitution law (5). Due to procedural reasons (“ubi remedium, ibi ius” rule), the separate branches of law of obligations were founded in the closed systems of nominate contracts, torts (6) and unjust factors leading to restitution respectively. It is emphasized, however that these analogies should not be deemed to be the examples of the reception of the Roman law by the English courts (7).
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