Historical Foundations Of Private Law In The Continent Of The Modern Western Europe

The Origins of the historical foundations of private law in the continent of the modern western Europe was derived from ancient Roman Private Law, But ,in actual fact , The private law in the continent of the modern western Europe was an outcome of interaction between Roman Law ,Germanic Law and Canon Law in the middle ages. In the meantime, There were conflicts and confusion, competition and coexistence, reception and acculturation in these different legal systems. In particular, in the late middle ages, Because of interaction between Roman and Canon Law, Ius commune was developed. Ius commune had two pillars: Roman Law and Canon Law was in essence only a Professorial, Learned law , Canon Law was learned Law, as well as applicable law. The ius commune was more than the sum of two Separate Parts.The improvement of the ius proprium through the influence of the ius commune proved more than just an ideal, gradually also becoming reality. From the twelfth onwards, The learned law started to have an impact on the ius Proprium, This happened in too different ways: through reception and acculturation. These began as early as the twelfth century and involved the gradual intake of elements of Roman Law via Canon Law. Canon Law had traditionally been under the influence of Roman Law and had incorporated a good many elements from it. Through the application of Canon Law in the ecclesiastical courts, Certain elements of Roman Law consequently penetrated into ecclesiastical legal practice and were thus spread all over Europe, and into secular courts. In addition, Secular Law too fell under the influence of Roman and Canon Law. Very naturally, These laws also had interaction between the aspects of legal spirits and ideas of Roman Law, Germanic Law and Canon Law. But ,The final outcome was that Roman Private Law was the main elements of private laws of the continent of the modern western Europe.Thus, The dissertation consists of six parts ,The first part introduced why these problem was researched. The dissertation had adopted what research methodology, I had surveyed the detailed bibliographies being related to this dissertation.The other chapters was emphasized, Because these chapters discussed the important main themes in this dissertation, For example, The decay and revival of the medieval Roman Law; The reasons and backgrounds of it's revival in middle ages, the scholarship research of the medieval Roman Law including the Glassators, the commentators, legal humanism and so on. There were conflictions and confusions, reception and acculturation between the different legal systems in the middle ages.In these chapters, I discussed why and how some particular institutions and rules was adopted and discussed the process of reception of Roman Law.In the meantime,I also discussed and approached historical process of these different legal systems in middle ages and their relations between different legal systems and social, political, economic conditions and backgrounds of these different systems.The final part of the dissertation is a conclusion, Namely the changed Roman Law being adopted by the continent of the modern western Europe was due to the spirits, ideas and institutions of the chameleon Roman Law met the demands of the civil society in the continent of the modern western Europe.