Guillermo Floris Margadant Derecho Romano Libro Pdf 998

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A Review of Guillermo Floris Margadant's Book on Roman Private Law

Guillermo Floris Margadant S. is a renowned Mexican jurist and historian who has written extensively on Roman law and its influence on modern legal systems. One of his most notable works is Derecho Romano: El Derecho Privado Romano (Roman Law: Roman Private Law), a book that covers the main aspects of Roman private law and its historical development.

In this book, Margadant does not only present the pure doctrine or the pure legal history of Roman law, but he also relates it to the contemporary legal problems of Mexico and other countries. He addresses topics such as the history of Roman law, the Twelve Tables, jurisprudence, the great classics, objective and subjective law, justice and equity, the concept of person, causes of slavery, the historical phases of the Roman procedural system, the sources of parental authority, dissolution of marriage, inheritance, contracts, property rights, obligations, and torts.

The book is divided into two parts: the first one deals with the general theory of Roman private law and its sources, while the second one focuses on the specific institutions of Roman private law and their evolution. The book is written in a clear and accessible language, with numerous examples and references to primary and secondary sources. Margadant also provides a glossary of Latin terms and a bibliography for further reading.

Derecho Romano: El Derecho Privado Romano is a valuable resource for anyone interested in learning more about Roman law and its legacy in modern legal systems. It is especially useful for students and teachers of law, history, and social sciences who want to gain a deeper understanding of the origins and principles of private law.

One of the main features of Roman private law is its division into two branches: jus civile and jus gentium. Jus civile (civil law) was the law that applied only to Roman citizens and was based on custom or legislation. Jus gentium (law of nations) was the law that applied to both Romans and foreigners and was developed by the magistrates and governors who had to deal with cases involving non-Romans. Jus gentium was not a result of legislation, but a rational and pragmatic adaptation of jus civile to the needs of a multicultural and cosmopolitan society. Jus gentium was also influenced by the legal traditions of other peoples, especially the Greeks.

Another characteristic of Roman private law is its flexibility and adaptability to changing circumstances. Roman law was not a rigid and static system, but a dynamic and creative one. The Romans did not rely on fixed codes or statutes, but on the interpretation and application of general principles by jurists and judges. The jurists were legal experts who wrote opinions, commentaries, and textbooks on various aspects of law. The judges were magistrates or private citizens who were appointed to decide cases according to the law and equity. The jurists and judges contributed to the development and refinement of Roman law through their legal reasoning and argumentation.

Roman private law also had a lasting impact on the legal systems of many countries in Europe and beyond. The Roman law was preserved and transmitted by the Byzantine Empire, which codified it in the Corpus Juris Civilis (Body of Civil Law) under the emperor Justinian I in the 6th century ce. The Corpus Juris Civilis became the basis for civil law, the most widely used legal system today. The Roman law was also revived and studied by medieval scholars and jurists, who incorporated it into their own legal systems. The Roman law influenced not only the civil law countries, but also the common law countries, which adopted some of its concepts and terminology. 061ffe29dd