05 Sep INFORMATION SOURCES OF ROMAN LAW
1-Information Sources of Roman law: information sources of Roman law form the basis of the law of modern continental Europe. We examine this period in three parts: the sources of information before Iustinianus, the compilation of Iustinianus (Corpus iuris Civilis) and the sources of information after iustinianus.
A-sources of information before Iustinianus: the most important sources of information before Iustinianus is a book consisting of four parts, which we call Institutiones (institutions), prepared by Gaius. The basic institutions and concepts of law are included in this book.
B-Iustinianus compilation (Corpus Iuris Civilis): Iustinianus ordered jurists to carry out codification work in order to unify and enact law. As a result of the compilations of Jurists, the Corpus Iuris Civilis collection, consisting of four parts, including the orders of Istinianus, was prepared.
The first part of the collection is Gaius ‘ book Institutiones.
The second part is Digesta (Pandecta). The most comprehensive and broadest section is Digesta. Digesta is a section taken from the works of Jurists of the classical period and edited, classified and published within a certain system. There are texts in the digesta describing concrete events. Abstract provisions have been extracted from these concrete events.
Its third part is the Codex, and this part consists of the imperial orders.
Its fourth part is Novallae. . This section is similar in format to the Codex. But it consists only of the orders of Emperor Iustinianus.
But in the examples of Corpus Iuris Civilis that we have today, there are Interpolatios and Glossas as the fifth part. In the preparation of the Corpus Iuris Civilis, jurists of the classical period were used. Later, the process of replacing them in order to adapt them to the era is called Interpolatio. These are actually deliberate changes. Glossas, on the other hand, are the notes written in the original text to help teach law, considered as belonging to the original text and considered as changes
C-information sources after Iustinianus: information sources after Iustinianus are sources belonging to the Byzantine period. Examples of these are the Basilica, consisting of royal laws, which refers to the products of Byzantine law, and the hexabiblos, a collection of judges from Thessaloniki
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