Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 3, p. 583-595
working language: Serbian
Review paper
udk:34(37):340.13
doi:10.5937/zrpfns58-54866
Author:
Valentina Cvetković-Đorđević
University of Belgrade
Faculty of Law in Belgrade
valentina_cvetkovic@ius.bg.ac.rs
ORCID ID: 0009-0007-1830-7464
Summary:
The interpretation of Roman law sources directly influences the creation of a positive legal order. So far, two basic interpretations of Roman law have been distinguished in history, which were translated into two codes: the French Civil Code of 1804 and the German Civil Code of 1900. The two codes determine the nature of the collective and regulate its actions in legal transactions in a fundamentally different way. According to the German Civil Code, the collective has an abstract nature, which is why it receives the status of a legal entity that does not possess its own will but participates in legal transactions through representatives. An alternative solution to the concept of the collective and its actions is present in the French Civil Code, which is based on the original Roman understanding that the collective (people) has a concrete nature and that it is made up of concrete individuals who participate in the formation of the collective’s unified will. Two different conceptions of the collective and its action have been reflected in the understanding of individual legal action when work is undertaken through another.
Keywords:
Roman law, interpretation, German Civil Code, French Civil Code, representation.