Roman law and its effects in modern civil codes

Abstract

The text shows how Roman law marks essential parts of the private law of most European countries, of Brazil and even of the United States. It inspired not only the modern civil codes and their structure but also the Jurisprudence as a science, its rationale and the open way of thinking of the jurists, which is actually the main Roman Law heritage. Moreover it scrutinizes in detail some institutes directly derived from Roman law, such as the binding effect of informal and consensual contracts; the limits to contractual freedom by the possibility to revoke them in case of duress, deceit, usury, violation of public policy (bono mores), the latter in comparison with the Brazilian rule of contracts “social function” and with the American concept of unconcionability, and finally in case of violation of the good faith clause. It also examines statutes on Law of Succession directly influenced by Roman law, especially on testamentary rules.