HISTORICAL STAGES OF THE DEVELOPMENT OF THE ROMANO-GERMAN LEGAL FAMILY

Authors

DOI:

https://doi.org/10.33216/2218-5461/2023-46-2-237-247

Abstract

The article is devoted to the history of the formation of the Romano-Germanic legal family and the corresponding features that were inherent in each of its periods. The authors draw attention to the fact that the peculiarities due to historical development combine the essence of this legal family into a single puzzle, and also make it possible to distinguish it from other legal families of the world. It is proposed to distinguish four stages of development and formation of the Romano-Germanic legal system. The first stage is the period of formation, characterized by the presence of customary, canonical and city law, as well as reception. The second stage is the period of the Renaissance, the main idea of which was the training of judges and other legal practitioners who would decide life cases on the basis of law. The third stage is characterized by the development of national law, national legislation, codification, recognition of a normative legal act as the main form (source) of law. The fourth stage is the development of integration processes, related to the creation of the European Communities, the formation of the European Union, which contributes to the processes of unification of law in the countries of the Romano-Germanic legal family.
The discussion questions that are revealed in the article allow to comprehensively investigate the features that are characteristic of each stage of the historical development of the Romano-Germanic legal system.

Keywords: Romano-Germanic legal family; Roman law; reception desk; codification; stages of development of the Romano-Germanic legal family.

Author Biographies

O.Y. Solomonova

Магістр факультету морського права Національного університету кораблебудування імені адмірала Макарова

I.M. Dmytruk

Кандидат юридичних наук, доцент кафедри морського та господарського права Національного університету кораблебудування імені адмірала Макарова

Published

12.10.2023

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