PECUNIA
Issue I/2019
The first issue of the Romanist e-journal IUS ROMANIUM for 2019 is dedicated to the topic of property and money. A Latin lexeme is used – PECUNIA which gradually changes its meaning through the ages although it clearly reflects the evolution of property as a set of goods, rights and obligations, designated both in Rome and today as a patrimonium. Pecunia, however, is a term which reflects namely the complex set of social, proprietary and legal relationships created in the wake of Roman history in connection to the civil exchange but also occasioned by public property. Roman jurisprudence uses this term throughout the period of existence of the Roman state whereas some concepts preserve their meanings in contemporary legal terminology as well – e.g. in pecunia popuili is used to designate public property for common use.
It is generally accepted that the term “pecunia” derives from “pecus” – the initial
designation for cattle as a cumulative concept and which
according to most authors was not only the basis of wealth for all peoples of the Antiquity but also an
exchange equivalent before the existence of money. This
is the way the whole
movable property was called initially and generally, over which pater familias
private property is established and which constitutes
the property of the patriarchal Roman family. It is delineated from familia whereas by means of the same
lexeme not only the large family
community itself under the guardianship and
power of pater familias is designated but also the real property, separated and
allotted for use by it over which only much later and under special conditions is
private possession acquired first, followed by private ownership. Gradually, the
material quality of pecunia changes and it also starts to designate the money
included in the patrimonium of the homeowner and, in some cases, the value
equivalent of the entire family property.
The topic of property has always been of particular interest not only in
romanistics but also in modern law. A large number of the Roman legal concepts
have their own specific projection, especially in terms of the separation of distinct
property circles with a specific regime within a given patrimonium, the determination of company capital and of the property belonging to other legal entities, public property, public finances, etc. Thus, the tradition of the journal to offer its
readers both private and public law topics, related not only to ancient Rome but
also to modern legal studies and practices, finds a place in the fifth year since
the creation of the IUS ROMANUM journal. Along with this a topic considered in
2017 is further developed – FAMILIA, while back then the focus of the journal
was rather on social and ethical aspects of the Roman patriarchal family, property topics remained to be discussed in the current issue. Thus, a notion which is
topical and generally used in the doctrine as well as in the practice is fully presented through the prism of the Romanistic tradition.
In the journal once again papers fall into two sections – those related mainly with
Roman law and those dedicated to modern property relations where Roman law
elements could be discerned. Quite naturally, in the beginning there are two papers.