Law of the quotations

Published in 426 in the name of Théodose II, Roman Emperor of the East (also initiating of the Code of Théodose) and Valentinien III, Roman Emperor of Occident, the law of the quotations can be regarded as a sign of the decline of the Roman empire. This law was made necessary by the clear reduction in the quality of the work of the Roman lawyers of the end of the empire. At the 4th century, the experts were often satisfied to seek the legal solutions in the principal works of their famous predecessors and were not able to forge their own opinion when the texts were contradicted.

It identified five principal authorities, among the lawyers of the traditional time: Papinien, Paul, Ulpien, Modestin (raises of Ulpien) and Gaius

All were Jurisconsulte S of the beginning of the 3rd century, and experts having exerted high positions with the prefecture of the court, except Gaius, which was the author of a handbook of teaching little used at its time but which thanks to its relative ease of use made authority thereafter in the experts of the right.

The law provided that it was also allowed to refer to the authors quoted by these five authorities, but only on the condition of bringing a proof by the presentation of an authentic text. This proof being almost impossible to bring in practice, one was satisfied with the opinion of these five large lawyers.

In the event of divergence of opinion, the majority carried it; in the event of equality, Papinien carried it. It is only if there were no majority, and that Papinien had not decided, that the judge had a free appreciation.

External bonds

Collection of the sources of the Roman law by Yves Lassard and Alexandr Koptev.

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