Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.
Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.
PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.
PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.
PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.
The journal is archived in Portico.
PRÁVNĚHISTORICKÉ STUDIE, Vol 43 No 1 (2013), 5–24
Rozdělení služebností dle práva římského
[Diferention servitudes in Roman Law]
Jan Šejdl
published online: 25. 02. 2015
abstract
The present paper is dedicated to the division of servitudes according to the rules of Roman law. Nevertheless, the classification of servitudes is in this context not only a subject to historical-legal research, it also brings many new and directly applicable findings to current and future legal environments and to the servitudes as they are portrayed in the new civil code of the Czech Republic. The article describes several systems used to classify servitudes according to different criteria and levels. It is essential to note that these different systems are very often contradictory, they intertwine and influence each other. This is how certain characteristics of servitudes emerge and can be defined. This variety of classification modes represents the very special system of servitudes which is reflected in modern legal systems but can be seen also as a historical feature of servitudes revealing the true nature and conditions of their origin in ancient Rome. With regard to the above mentioned diversity in classification of servitudes, this paper can also offer a view on different types of servitudes in those current legal systems that adopted the general legal regulation of iuris in re alinea or in those that prefer to regulate the servitudes ad hoc. In addition, the paper examines a certain number of schemes and categories where the new occurring real rights may be found, and analyses the rights that do not fall into these categories as well as the possible impact of this incompatibility. The present article is intended to serve as a source of information for practitioners as well as for historians or academics dealing with Roman law, while everyone will be approaching the text differently and with different questions.
Rozdělení služebností dle práva římského is licensed under a Creative Commons Attribution 4.0 International License.
240 x 170 mm
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ISSN: 0079-4929
E-ISSN: 2464-689X
