Rapina у Римском праву

Abstract

The basic idea in this labor is contemplation of Roman law as one of the great and distinctive accomplishments of human civilization. I have tried, in the first place, to demonstrate the importance of studing the mutual impact that Roman private and Roman public law have on each other and that is impossible to study the Roman public and the Roman private law separately one from another. Observing the evolutionary development of the law through certain periods of development of the Roman state, there is noticeable tendency of separation of private and public law. The author begins with the division of the Justinian legislation on delicta publica and delicta privata. Furthermore, attention is drawn to delicta publica (crimina) - those behaviors that are directed against public order. Moreover, we study more detailed one of the prohibited human behavior – rapina, one form of furtum executed by force (vis). It got his own definition by Praetorian edict and this definition, with some changes, maintained its essence to this day. Emphasizing the impact of Roman law on contemporary law, this is not observed strictly from a historical point of view. There is a deeper issue at stake. It is important and also one of the goals in this labor to point out many similarities that rapina has with banditry in positive law. In conclusion, this paper will discuss some of the ways in which Roman law still occurs in contemporary Serbian law with the necessary modifications characteristic for this domain, time and present occasions.