In the history of jurisprudence of the "Institute" as an integral part of the code of Justinian - this is the most important component in the codification of Roman law. They became part of the Corpus iuris civilis, created by decree of Justinian I, Emperor of Byzantium. Their text is based on the “Institutions” of the famous lawyer Guy, created by him in the 2nd century. At the same time, the works of other authors of 2-3 centuries were also used. We are talking about Ulpian, about Martian and Florentine.
General information
The book was composed by Tribonian, Theophilus and Dorotheus, presenting it to the emperor on 11/21/33. This day is the day of their official publication. And the day of entry into force - 12/30/33. The entry into force of the document was regulated by the special constitution of Justinian. Conditionally, it was called Imperatoriam. He called the publication "our institutions" or "our laws." Although the emperor himself did not participate in the preparation of the book, the collection was published on his behalf.
“Institutions” as part of the Justinian codification are Roman law textbooks for first-year students. However, its difference from Guy's textbook is that it has legal force.
The basic structure is borrowed from Guy. 4 books are divided into titles. As for modern publications, there is a division into paragraphs. Soon after the codification was carried out, the paraphrase of the "Institutions" in Greek was published. Its author was Theophilus. It was written for those students who did not speak Latin.
Institutional system
To understand what Justinian's “Institutions” are, you need to understand the principles of their construction. As mentioned above, they were borrowed from Guy. The system assumes the absence of a common part. Instead, they usually use a short introductory title, which stipulates the publication, operation and application of laws. In this regard, norms that are general in nature are found in every book. In this system, the foundations of the Romanesque system of private civil law were laid.
According to its principles, the Napoleon Code of 1804 was built, for example. It is divided into three parts, of which the first is dedicated to individuals, the second talks about the types of property, and the third considers ways to acquire property. This is expressed by the formula: "persons - things - obligations." Subsequently, the institutional system with some changes was adopted in countries such as Spain, Belgium, Portugal.
This system is opposed to the pandectic system and is somewhat inferior to it in legal technology. The latter corresponds to the construction of the "Digests" of Justinian, otherwise called Pandects. Translated from Greek πανδέκτης means "all-encompassing", "all-encompassing." The pandektnaya system involves the allocation into separate sections of the general and special parts of laws and codes.
Structure and composition
As already mentioned, the Institute includes four books. They are divided into 98 titles. According to the content, they are divided into three parts:
- Personae (right of persons).
- Res (property law).
- Actiones.
The last title (book 4, No. 18) is devoted to public law issues, which speaks of the influence of the institutions drawn up by Paul.
Summary of books
It looks like this:
- Book 1. General theoretical legal provisions and information regarding the sources of Roman law. The right of persons covering the status of free citizens and slaves. Family law, which contains institutions such as marriage and adoption, as well as the relevant rules on guardianship and trusteeship.
- Book 2. Property law, which includes: types of things, ownership of them and other property rights. Giving and inheritance in accordance with the will.
- Book 3. Norms of inheritance by law. Types of various obligations, such as rent, sale and others. The procedure for concluding various agreements.
- Book 4. Regulation of non-contractual obligations arising from tort and quasi-tort. Institutions of procedural law, which deals with the types of claims, the procedure for initiating them, securing lawsuits, liability for violation of procedural rules, the status of a judge in civil proceedings, etc. The last title contains criminal law.
The prototype of leasing in Justinian institutions
Making an attempt to analyze the origins of such a legal phenomenon as leasing, researchers come to the conclusion that its classical prototype must be sought in Roman law. It was it that laid the foundation for the development of European legal systems, giving the world eternal truths of legal wisdom.
According to E.V. Kabatova, who is the author of in-depth studies that are devoted to the problems of leasing relations, their sources could be institutes of property and liability law, reflected in Justinian's “Institutions”.
These institutions embody an idea that considers the possession of a thing without establishing ownership of it. Firstly, we mean usufruct, which is one of the varieties of personal easement. Secondly, we are talking about a contract for the hiring of things.
Law of obligations
How is the Justinian Institutional commitment determined? There they are considered as legal bonds that bind a person to the need to perform something in accordance with the law of the state.
Justinian's grounds for committing are divided into four sources. This is about:
- The contracts.
- Quasi-contracts.
- Delictah.
- Quasi-tort.
The content of obligations was understood as the actions of debtors. The "Institutions" talked about:
- transfer of things;
- payment of money;
- the provision of services;
- production work.
In other words, the formula is used here: dare, facere, praestare, which means "give, make, provide."
The liabilities that enjoyed the lawsuit, as well as in-kind liabilities, were highlighted. In the first case, if the obligations were not fulfilled, the creditor could seek to exercise his rights by force. However, the second species was not completely devoid of legal effect. What has already been paid under such an obligation was not subject to claim as unduly paid.
Further use
In the Middle Ages, Justinian's “Institutions” were the main source from which information about Roman law was scooped. However, they also continued to have the force of law. A large number of their manuscripts have survived to this day. The oldest of them date back to 9-10 centuries. In total there are over three hundred. The most important of them are Bamberg and Turin.
Before the Digests were reopened in the 11th century, the Institutions continued to be the main textbook in which Roman law was studied. They began to be glossed early. Many glosses remained in the Turin manuscript. Their compilation continued in the 11-12 centuries. In the 13th century, the Ordinary Glossa was created by Accursion, it covered the entire Corpus iuris civilis, including the "Institutions". Thus, the process of glossing of this monument was completed.
"Institutions" translated into Russian, English, Spanish, German, Dutch, Italian, Portuguese, Turkish, Romanian, French.
Value
Today, the “Institutions” of Justinian is a monument of Roman law, which is one of the four parts of its codification (Corpus iuris civilis). Previously, they had two meanings:
- Firstly, they were a textbook for law schools, approved officially. He was studied during the first semester of a five-year course.
- Secondly, along with the Justinian Code and the Digests, they were at the same time a valid law.
The disadvantages of the book are the artificial combination of institutions related to both formal and extraordinary processes. Among the advantages of the monument is the presence of legal definitions and explanations of general concepts, as well as quoting various points of view of classical lawyers.
All the rules that make up the Justinian Institution made significant changes to both classical and post-classical Roman law.