REFLECTIONS ON THE ROLE OF ROMAN LAW AND COMPARATIVE LAW IN THE PROCESS OF HARMONIZATION AND UNIFICATION OF PRIVATE (CIVIL) LAW IN EUROPE - DOI: 10.12818/P.0304-2340.2015v67p279

Resumo

The private (civil) law of European countries is closely connected to Roman law which is in no contradiction that these countries have different historical and legal traditions. This is more obvious in the period of decrease or even disappearance of differences, often motivated by political and economic interests, between certain “legal fields” or “legal families.” Not even differing traditions of culture and civilization constitute hindrances to the differing extent of the reception of Roman law. In the formation of European private law, convergence plays an increasing role. Many noted authors write about the relativization of differences between common law and civil law based on Roman law. They emphasize the disappearance of differences in the sphere of many legal institutions. In the field of contract law, many institutions, constructions of continental law are subject to reception in English law. It deserves attention that with regard to terminology, certain English authors, in connection with English private law, explicitly refer to the role of Roman law tradition. In his article the author comes to the conclusion that Roman law i.e. Roman law tradition(s) in the comprehensive, comparative analysis in the lengthy process of the formation of European private law (ius commune Europaeum) has a significant role.