Browse

The article offers an analysis of (legal) custom within Roman law and describes its different roles and functions. A customary law represents the oldest formal sources of law in human history. It was created by conduct of people who believed that they are obliged to follow rules created by repetitive continual action. It was dominant form of law in the archaic period of Roman law, but some of its remnants were persevered during whole existence of Roman Empire and beyond. The research is based on textual and histor...

The article is focused on the Labeo´s conflicting theory about ownership to newly created island in a river stream and detects its reasoning, aims and philosophical sources of inspiration. A question of insula in flumine nata represents traditional issue of the Roman law things. Such island was considered to belong to private individual(s) who owns the nearest shores of river by most of the sources. However, there is one fragment of Labeo (D 41,1,65,4) which states that such island should belong to public. The res...