Issue II/2019

On 7th and 8th November 2019, The Fourth International Conference of the Balkan Association on Roman Law and Roman Legal Tradition (Societas pro Iure Romano – S.I.R.) took place in the first historical capital of Serbia – Kragujevac. More than 60 professors and doctoral students took part in the event - Romanists from Bosna and Herzegovina, Bulgaria, Croatia, Greece, Hungary, Italy, Poland, Romania, Russia, Serbia, Spain (countries are in alphabetical order and their place in the list does not correspond to the number of participants). The new, second consecutive issue of the IUS ROMANUM e-journal for 2019, an edition of the Faculty of Law at Sofia University “St. Kliment Ohridski”, in accordance with the provisions of the Statute of the Balkan Association of Roman Law and Roman Legal Tradition comprises papers of a large part of the conference presenters as well as of colleagues who were unable to attend due to their academic responsibilities in the first semester of the academic 2019/2020. It is yet another proof for the extensive international collaboration during the past four years between Balkan Romanists and their colleagues from leading Western European universities, who have come together within the “Societas pro iure romano” Balkan Association, established on 13th October 2016 in Sofia.

The theme set by the Administrative Council of the Balkan Association in collaboration with the organizers from the Kragujevac University “RES PUBLICA & RES PRIVATA" provides an opportunity for a variety of interpretations both in the fields of public and private law. A number of fundamental questions emerged to the foreground concerning the distinction between public and private law, public and private property, the increase in the number of civitas citizens and the central place of the person in the Roman legal system, about the European Renaissance and the values of civilization in Roman law, the Roman legal origin of “repubblica” as a concept in the Yugoslavian and Soviet constitutions.
A significant number of delegates presented their research on some particularly interesting Romanist issues such as: laws on ludic expenses and the legal regime of venationes in Rome, the collection of taxes and public revenues by the publicani in the Roman Republic, Lex Rhodia de iactu, as a basis in Roman maritime law, adultery in the ancient Roman and Greek law, the concepts of libertas and res publica, the status of servus, nexus, iudicatus and addictus between res publica and res privata in Roman law, the peculium as a legal instrument for the business endeavours of slaves and subordinates among others. A few papers were dedicated to the right to property, its limitations for military-purposes public benefit, servitude rights as res incorporales, laws on bridges in Justinian legislation, the renting of housing buildings and dwelling in Ancient Rome, etc. Some cases regarding the defence of private interest against public power in Ancient Rome were considered as well, the institute of laesio enormis, the prohibition on administrators to act ad acquisti, ius retentionis and its related institutes, verborum obligatio in the sale of a credit, Allen Watson„s theory about legal interaction and several cases in the Digest, among others.
ius retentionis и свързаните с него институти, verborum obligatio при осъществяването на продажба на кредит, теорията на Алън Уотсън за правното взаимодействие и някои казуси в Дигестите и пр.