Die Tradition des römischen Rechts und die Herausbildung des Allgemeinen Teils des Privatrechts

Abstract

The development of the general part of private law has its roots in the medieval traditions of Roman law. Later on, the pandect system, which was the result of centuries of development, played a decisive role in this process. The author of the article argues that the "General Part" of the pandect system is an independent creation of German Pandectists or discipline of pandects. The rights of persons (ius personarum) and the rights relating to legal protection (ius actionum) have their roots in Roman law. In the author's opinion, however, the sections on subjective rights and the theory of legal transactions are largely derived from natural law. In the pandect system family law becomes autonomous, i.e., independent. Family law is separated from the law of persons (ius personarum).