Normative and Practical Aspects Related to the Causes of Dissolution of Marriage in Roman Law

  • Sulejman Ahmedi State University of Tetova

Abstract

The research includes the analysis of the causes for divorce in Roman law and how to regulate the dissolution of marriage through legal provisions. Divorce and marriage are ancient institutions of matrimonial and family law, which countries from the ancient times had this as a trend for their regulation through legal provisions. Many principles and rules of Roman law are adopted also from the legal systems of many countries of the modern world, in order to unify their own private national law. This trend is particularly noticeable in the states member of the European Union, which refers to IUS COMUNE, which simultaneously is the common basis of legal practice worldwide. Roman jurists work techniques present a model with permanent value for legal doctrine and jurisprudence of many countries when it comes to the practical operation of law and its social needs adjustment. In Roman law the dissolution of marriage recognized since LEX IULIA DE ADULTERIIS, the law issued during the reign of Augustus in year 18 BC, which had defined and has codify the oldest rate of self-righteousness. Through this lex-of (the law) was removed from the hand of the affected family an important part of ascertaining of adultery and the punishment of preparations by treating it through public bodies. Fill into this form he found in Corpus Iuris Civilis and has exerted influence on marriage in Europe until the modern age. Dissolution of marriage was also provided by the law of XII tables approved in year 450 BC. In the research are analyzed the ways of divorce under the Roman law, which were: Divorce without the willpower of the spouses, or because of natural events and Divorce by willpower of the spouses or known as divorce caused by human actions. In the post-classic period, due to changes in moral views who brought Christianity, emperors decide religious provisions on divorce. At this time there were two basic types of marriage dissolution: Divortium cum damno, or divorce followed with bad consequences, and Divortium sine damno, or divorce without bad consequences
Published
Apr 30, 2016
How to Cite
AHMEDI, Sulejman. Normative and Practical Aspects Related to the Causes of Dissolution of Marriage in Roman Law. European Journal of Social Science Education and Research, [S.l.], v. 3, n. 2, p. 207-210, apr. 2016. ISSN 2312-8429. Available at: <http://journals.euser.org/index.php/ejser/article/view/867>. Date accessed: 22 may 2019. doi: http://dx.doi.org/10.26417/ejser.v6i2.p207-210.