Law institutions in Roman Dacia

• Author: Cristinel Ioan Murzea
• Position: Transilvania University of Brasov
• Pages: 199-208

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 9 (58) No. 1 - 2016

LAW INSTITUTIONS IN ROMAN DACIA

Cristinel Ioan MURZEA1

Abstract: From the symbiosis of the indigenous-Dacia system of law and

the Roman one, with its divisions “ius civilae”,“ius naturae” and “ius

gentium” new institutions became crystallized, specific to both public and

private law, which, along with other factors, have defined the important

changes undergone by the structure of society in the Carpathian - Danube -

Pontic space during the Roman empire occupation. By valorizing the

practical sense of the Romans through principles, institutions and legal

constructions with a high degree of abstraction and perfection, but also by

integrating elements of the legal thinking of the indigenous Geto-Dacians

expressed through regulations and local habits, a new system of law was

created, one which was influenced by the specific factors of law, thus

defining new institutions and regulations of public and private law.

Key words: moral person, college, universitatis personarum, selling

contract, empti instrumentum probationis

Dacia’s transformation into a Roman province between 105 e.n. and 275 e.n. would

bring about significant changes in regard to the legal system of the Geto-Dacians, who

under the influence of “ius civilae” and “ius gentium” adopted some consecrated legal

institutions which had resulted from their evolution of the legislative techniques from the

classical age.

The Roman system of law, along with the legal regulations regarding people, would

also regulate the so-called “moral people”, who - like normal people - would hold rights

and obligations and would have legal capacities. As motivation for this endeavor, the

Romans considered valorizing their practical spirit, thus concluding that they must

regulate “certain legal institutions in order to achieve higher goals than those of a

community or a small group of people" (Cătuneanu, 1926, p.146). Their participation in

the legal life of the community was influenced by the very structure of their being, as it

was limited to patrimonial acts.

The essence of the moral person, as a legal construction, would not be explained by the

Roman legal advisers of the classical age. However, they understood that such a

similarity between normal people and moral people can be achieved from a legal point of

view, as this similarity pertains to the person - personae vice fungitur.

The Romans made a clear distinction between moral people of public law - mainly the

Roman state - the republic “populus romanus” - which had a distinctive patrimony

formed of “ager publicus” and entered contract through its magistrates; subject of public

law were also the colonies, the counties and the villages (pagi), moral subject of private

law with or without personal involvement - "universitates personarum", or corpora-

1 Transilvania University of Braşov, cristinel.murzea@unitbv.ro