Book contents
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
6 - ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
Published online by Cambridge University Press: 30 July 2009
- Frontmatter
- Contents
- List of contributors
- Acknowledgements
- List of abbreviations
- Introduction
- 1 The civil law in European codes
- 2 ‘A token of independence’: debates on the history and development of Scots law
- 3 The Scottish civil code project
- 4 Scots law in Europe: the case of contract
- 5 Scottish property: a system of Civilian principle. But could it be codified?
- 6 ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition
- 7 The codification of Catalan civil law
- 8 Unification of the European law of obligations and codification of Catalan civil law
- 9 From revocation to non-opposability: modern developments of the Paulian action
- 10 Epistle to Catalonia: romance and rentabilidad in an anglophone mixed jurisdiction
- 11 Estonia and the new civil law
- 12 The positive experience of the Civil Code of Quebec in the North American common law environment
- 13 From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law: a reflection for Catalonia
- 14 The evolution of the Greek civil law: from its Roman–Byzantine origins to its contemporary European orientation
- Index
Summary
The following chapter offers a synthesis of the long-standing relationship between the two fundamental components of current Catalan law. On the one hand, we have Catalan law as it has been developed by Catalan institutions; and on the other, the European ius commune, canon and Roman law, as adopted and incorporated into Catalan law by Catalonia's institutions.
The introduction refers to the period just before the initial reception of Roman law, and is followed by four further sections, which focus on the period after the reception process began. The first of these four sections refers to the ius commune as current law in Catalonia; the second to the situation of Roman law with regard to the Decreto de Nueva Planta (1716); the third to the Spanish Civil Code of 1889; and the fourth refers to the legislative systems in Spain's autonomous regions (1932, 1978).
‘Gothicæ leges fuerunt prima cathalanorum iura’
The liber iudiciorum
The Latin terms Liber Iudiciorum (book of trials) and Liber Iudicum (book of judges) were used without distinction to refer to the written law applied in Catalonia before and after it was invaded by the Moors, between 715 and 720, following the key Battle of Guadelete in 711. In Spanish it was known as Fuero Juzgo. It had been laid down (c.654) by the Visigoth king Rescesvint (649–72), to provide a single law for the Visigoth and Roman populations of the Iberian peninsula.
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- Information
- Regional Private Laws and Codification in Europe , pp. 136 - 163Publisher: Cambridge University PressPrint publication year: 2003
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