Laws {Roman Republic law} {law, Roman Republic} were usually senatorial decrees {senatus consulta} or magistrate decisions.
magistrates
Magistrates issued edicts before becoming magistrates, stating how they interpreted laws.
laws: Assembly
Assembly enacted {plebiscite, Rome} some laws {leges}, after presentation from Senate.
laws: injunction
Praetors prevented unlawful acts with injunctions.
laws: types
Laws were divine laws {fas}, moral laws {ius}, and secular laws. Priests and censors administered fas. State administered ius, which was about rightful powers and duties of one human with another.
marriage
In a marriage type {sine manu}, control over wife stayed with wife's father. In a marriage type {cum manu}, control over wife went to husband. Cum manu marriage used a purchase or token purchase. Control was for one year {usus}.
contract
At first, contracts required formal ceremonies. Later, contracts required only promises. Roman law had no bilateral or third-party contracts. Contracts were property transfers {nexum and mancipium}, loans {mutuum}, returnable-item loans {commodatum}, deposits {depositum}, pledges {pignus}, sales {emptio venditio}, hires {locatio condustio}, partnerships {societas}, agencies {mandatum}, and stipulations {stipulatio}. Sales books recorded literal contracts.
property
Property laws about land, livestock, or slaves {res mancipi} transferred in ceremonies. Title to land accrued by property use for periods {prescription, Roman Republic}. Property laws about ships, produce, or tools {res nec mancipi} transferred by tradition or by delivery.
tort
Roman law started imposing penalties for torts, as well as requiring restitution. Restitution was commensurate with dignity loss, not pain or suffering.
tort: negligence
Roman law recognized gross negligence {culpa lata}, as carelessness. Roman law recognized minor negligence {culpa levis}, as poorly conceived or executed action. Roman law recognized contributory negligence.
interest
Simple interest was 12%.
Social Sciences>Law>National>Roman Law>Roman Republic>Laws
6-Law-National-Roman Law-Roman Republic-Laws
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Date Modified: 2022.0224