History of state and law of foreign countries. Byzantine law (most important)

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History of state and law of foreign countries. Byzantine law (most important)

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Byzantine law

The Byzantine Empire left behind many monuments of the law of that time. One of them is code of laws of justinian. It should be noted that the interest of the emperor of Byzantium Justinian to law and judicial activity was quite large. Intervention in judicial activities, including as a high judge, was a common thing for him. Justinian believed that the security of the state should be based on weapons and laws.

Justinian's legislation had various aims:

1) the desire to bring the old law into the system;

2) the desire to give significance to the reign of the emperor - a native of ordinary peasants.

A lawyer was elected as the head of codification works Tribonian, who occupied one of the most important posts in the state. He was given only 15 employees. Three years after the start of work, two main parts of the codification were ready - “Digests” and “Institutions”.

Justinian's codification includes the following parts:

1) Digests, or Pandects ("collected", "containing everything") were compiled from the works of prominent Roman jurists (in extracts). Here the current law is stated and commented on. They consist of 50 books, each of which is divided into titles, provided with special titles. The main content of the Digest is Roman private law. At least a quarter of all material is assigned to inheritance by law and by will. The first book of Digest is devoted to state law, criminal and procedural law is set out in books 47, 48 and partly 49. By the nature of the prescriptions contained in them, books 47 and 48 were called "terrible". The compilers of the Digest used a huge material of at least 2000 books, selecting from it extracts from the pen of 38 prominent Roman jurists. Most texts belong to lawyers II-III centuries. - Celsus, Julian, Gaius, Papinian, Paul, Ulpian, Modestin and etc.;

2) institutions - a textbook for students of Byzantine legal schools. There were two higher legal educational institutions in the empire:

a) in Constantinople;

b) in Beirut (the Roman school ended up outside of Byzantium).

The training program was calculated for five years and, in accordance with the imperial constitution of 533, consisted of the following: in the first year, the Institutions and the first four books of the Digest were studied; on the second - fourth courses - Digests (up to 36 books inclusive); in the fifth year the Code of Justinian was taught;

3) "Code of Justinian" - a collection of imperial decrees (constitutions), prepared within a year by a commission of 10 people.

The last two parts of the codification Justinian are less important than digests. Code of Justinian, revised in 534 BC in connection with the publication of the Digest, it consists of 12 books containing the decrees of the Roman and Byzantine emperors starting from Hadrian (II century)... Wherein:

1) the first book treats questions of ecclesiastical law;

2) 2-8-I have private law as their content;

3) the 9th is devoted to criminal law;

4) 10-12th - administrative (police) rules of various kinds.

In subsequent years, Justinian's codification was corrected and supplemented by new decrees, which were often in the nature of interpretations. Such resolutions received the meaning of "constitutions" and were called "short stories". Most of them are related to 535-565 Of the subsequent Byzantine codifications, attention should be paid to:

1) "Eclogue" (VIII century), well known in the Slavic states;

2) "Agricultural Law", which authorized the existence of rural communities in Byzantium and regulated their legal life;

3) "Basilica" of the emperor Leo VI (890).

Author: Selyanin A.V.

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