紀要論文

紀要論文

text

Osaka University Law Review. 2013, 60, p. 25-44

The Roman family court (iudicium domesticum) and its historical development in France and the Netherlands

K.E. Von Bóné, Emese

Graduate School of Law and Politics, Osaka University

英語

text

2013-02

This article is about an important family institution, 'iudicium domesticum', from ancient Roman times up to its reception by the French legislation in the eighteenth century and later on in the Dutch legislation. Looking for traces of the old 'iudicium domesticum' in the Western world, we find its reception in the French legislation. In the 'L'Esprit des Lois' of Montesquieu, we find the 'tribunal de famille' with a reflexion on its Roman origin. In 1804, once again we find the institution of the family council in the French Civil Code, which was also introduced in the Netherlands during the Napoleontic period. The family council goes back to the first French law on the judiciary of 1790 and, as this article will demonstrate, also goes back to the 'iudicium domesticum' of ancient Roman times. In the epilogue also the modern family courts such as in Korea and Japan are evaluated.

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The Roman family court (iudicium domesticum) and its historical development in France and the Netherlands

K.E. Von Bóné, Emese

Graduate School of Law and Politics, Osaka University

英語

2013-02

Osaka University Law Review

60

25

44

https://hdl.handle.net/11094/24275