THE IMPORTANCE OF ROME LAW IN THE DEVELOPMENT OF MODERN LAW

Roman law is of great importance for the development of global legal system, since it was Roman law laid the foundation for the formation of other legal systems, and maintain its influence in our day. Many legal institutions have survived in the form in which were developed during the classical period of Roman law. In particular, the doctrine of proprietary rights, the doctrine of commitment and so on.

Roman law has some right to influence the development of law of the Republic of Kazakhstan. At the present time, during the formation of the legal system of Kazakhstan a special place is occupied by problems of legal regulation of private property rights, contracts that were once regulated by the detail of Roman law.

I.B Novitsky correctly noted that the distinctive features of Roman law are accurate wording, structure and clarity of argumentation, deep vitality, concreteness and practicality of law, and at the same time, full compliance with all legal conclusions interests of the ruling class. [1]

Roman law is exceptional for its features and importance of the subject of legal study. Going up in its historical formation to the bygone days of antiquity, the modern legal culture and legal systems in modern Roman law does not directly real, practical value. The attention that deservedly made to pay the Roman law in legal education or general scientific knowledge of law, due not only to the enormous influence of Roman law in its historical time on the formation of national legal cultures across the so-called Roman-Germanic family, but the special qualities of its own internal enduring Roman law , obliged as a centuries-old working on his legal scholars and jurists, practitioners, and particularly the cultural context of its original appearance. According to a prominent modern French lawyer R. David, "The Roman Empire knew a brilliant civilization and the Roman genius has created a legal system that has no precedent in the world."

For the legal systems of the Roman-Germanic type, to which, with reservations, and belongs to the traditional Russian law, Roman law has a particular philosophical, historical and cultural significance. Many features of common law tradition, many legal institutions and dogmatic categories of modern legal systems directly back to the principles and structure of Roman law, or elaborated on its basis, or based on critical perception. Separate interface and dogmatic claims dating back to Roman law, continue to live in modern law - either explicitly or implicitly, in the form of directly borrowed or being refracted through their own national traditions. And this genetic link with the Roman law formed perhaps the main qualitative features of the named type of legal systems, moreover, represents the most advanced - scientifically - type, compared with other well-known world of legal practice.

Compared to the other, historical or contemporary, systems of law, Roman law, the most marked the beginning of individualism, focus on the regulation of free and independent in the economic and civil status of the individual, recognized by society and government for a full-fledged entity. Individual warranty relevant legal principles of the dorm, and the same individual liability for violations of these principles formed the basis of Roman law. Political, legal and cultural value of individualism in the history of human society is, as evidenced by repeated unsuccessful attempts to unify and totalitarian social cohesion, lasting, fruitful only in a social perspective. Internal qualities of Roman law acquired in this classic reference value whenever there is a public and legal requirement in the legal embodiment of freedom of the individual citizen. While all this does not mean that specific legal achievements of Roman law and related legal culture in general are a perfectly finished model. "By the Roman law, but beating him on through it - is the motto in Mercator for me - wrote one of the largest Roman law znatakov all times Iering R., - the significance of Roman law of the new world."

The exclusivity of Roman law and that it continued its legal life even after the collapse and rebirth of the state and the people who gave him his first life. This created almost two thousand years experience of legal culture, legal practice and science. For many centuries the Roman lawyers and not Roman , staying within a single principle, developed and rethink many aspects of the legal society, many legal problems and incidents. Probably, in some areas has been achieved in this way a kind of legal knowledge not problem, and Roman law was like Euclidean geometry be bound by its axioms. Consistency and thoroughness of Roman law tradition - not only her dignity. "That inconsistency Roman jurists and praetors should be considered as one of their greatest strengths, which allowed them to depart from the unjust and abominable institution."

Regardless of the content of legal principles and institutions of Roman law in the majority is due to the modern terminology philosophy of law and legal practice. Many of the concepts and terminology of modern legal culture are direct borrowing: "the Republic", "constitution," "mandate," "vindication," "bond," etc. And although the meaning of these concepts is already considerably distant from its source, the study of historical comparisons is not useless. In this respect, Roman law is part of learning is quite a modern legal practice and legal culture. [2]

Roman law, like Roman republican state, belongs to the eternal cultural, political and legal values, which were born in our common home, about two and a half thousand years ago. Birthplace of Roman law - ancient Italy, or more precisely - Rome, the "eternal city", which remains not only the age-old keeper of the relics, but also one of the largest centers of modern civilization.

Natural and logical step in that direction was to develop a uniform set of laws, nor compulsory for all those citizens of Rome, of which amounted to "the Roman people." This is the famous law of XII tables, compiled by a special panel decemvir and approved by the national assembly in the middle of V century BC (451-450). Their content (or rather, that came to our days) covers all known at the time of legal regulation: the right to property and possessions, family and inheritance law, the obligations of the contract and of the injury, crime and punishment. [3]

The period of the written law of Rome began when the plebeians after a stubborn struggle with the patricians have records of the rules of customary law applicable in practice. This is how the laws of XII tables.

Demands of the plebeians to write the rules of customary law led to the creation of a commission of three members, which was sent to Greece to study the laws of Solon. On returning to Rome, the commission was abolished consulate and elected ten members to write the laws. Within 451 years, they wrote ten tables, and carried them for approval centurial comitia. But as the table does not represent a complete collection of customary law, the following year carried into the new decemvir approval centurial comitia two tables. This is how the laws of XII tables - a collection of laws, which was a very important codification of Roman law of civilized.

The text of the laws of XII tables are not fully preserved. The original text of Acts was probably written on copper plates and disappeared during the war with the Gauls. But these laws are very popular, they were soon completely reconstructed due to the fact that many times in the history of Rome used, quoted, retold and commented upon.

The laws include the establishment of the various sections of law. [4]

True to its core, the point of view needs to be a lot of important-correction. Losing a step by step the value of existing law that dealt with the forms and ways of regulating these new relationships, which decemvir had not and could not have representation, Laws of XII Tables were a sacred covenant, pointing to the authority of law and justice in general, because the Romans knew that undermine respect for the law easy to restore it the same power and authority is difficult and painful.

Whenever a reference to the ancient law seemed possible and justified, for it readily resorted to, as clearly seen from the writings of Cicero, Guy and other great Roman jurists, who lived in the heyday of the Roman classical law. In the essay "On the orator" Cicero says: "Does anyone on the state science ... he sees that it is entirely enclosed in the XII Tables, since there is painted all of the public good and public institutions."

Original and full text of the Laws of the XII tables is unknown, in the tradition of Roman law, there are several more or less convincing attempts at reconstruction and organize on the basis of quotations from other Roman legal sources of the classical era. The value of authentic recognized for some 140 legal provisions, regimented by category: About subpoena (Table 1), about completion actions (Table 2), about bonded labor (Table 3), On the order mantsipatsii in transactions (Table 4) On Wills and family affairs (Table 5), The use of land (Table 6), about the theft (see Table 7) On a personal affront, insult (Table 8), The criminal penalties (see Table 9), The order of funerals and ceremonies (Table 10), about public affairs in the city (Table 11), about privileges (Table 12). Many of the legal provisions of the ancient laws were poorly understood already in the age of Cicero, but in any case they have covered all major areas of legal practice. According to the same Cicero, "for anyone who is looking for the foundations and sources of law, a small booklet of the laws of the Twelve Tables the weight of his authority and the amount of benefit is truly superior to all the libraries of philosophers."

THE LIST OF THE USED LITERATURE:

1. Ермухаметова С.Р., Коваленко Е.Ю.// Римское частное право, 2006 год

2. Омельченко О.А. .// Римское право: учебник. Издание второе, 2000 год

3. Черниловский З.М. .// Римское частное право/ Москва Новый Юрист 1997 год

4. Иво Пухан, Мирьяна Поленак-Акимовская.// Римское право Под редакцией доктора юридических наук, профессора В.А. Томсинова/ Москва,2000 год