ROMAN PRIVATE LAW AS THE BASIS FOR THE FORMATION OF THE MODERN EUROPEAN LEGAL TRADITION

Abstract

The article presents a comprehensive theoretical and legal study of Roman private law as a fundamental basis for the formation of the modern European legal tradition. The historical prerequisites for the emergence and development of Roman private law are analyzed, and its role in the establishment of the continental legal system and the formation of the main institutions of modern civil law is determined. It is emphasized that Roman private law became a universal legal model that significantly influenced the development of the legal systems of most European states. Particular attention is paid to the study of the basic principles of Roman private law, including freedom of contract, inviolability of private property, legal equality of the parties, good faith, and justice. It is established that these principles have not lost their relevance under modern conditions, since they continue to determine the content of private law regulation and are applied in contemporary legal practice.

The article reveals the significance of the reception of Roman law for the development of European legal science and the process of codification of civil legislation. The influence of Roman private law on the formation of the French Civil Code of 1804, the German Civil Code of 1896, and other legal acts of European states is analyzed. Particular attention is paid to the study of the influence of Roman private law on the modern civil legislation of Ukraine and the process of harmonization of the national legal system with European standards. It is substantiated that the reception of Roman law contributed to the formation of the modern understanding of property rights, law of obligations, inheritance law, and contractual relations.

It is emphasized that Roman private law has not only historical but also important practical significance for modern legal science and education. Its study contributes to the formation of legal thinking, the development of legal culture, and the improvement of mechanisms of private law regulation. It is concluded that Roman private law is an integral component of the modern European legal tradition and an important source for the development of civil law in Ukraine in the context of European integration and the reform of national legislation.