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115-502: Métayage was available under Roman law , although it was not in widespread use. It proved useful after the emancipation of Roman slaves as the newly freed peasants had no land or cash (the same phenomenon happened in Brazil and the US when slavery was banned). In what is now northern Italy and southeastern France, the post Black Death population explosion of the late Middle Ages, combined with

230-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,

345-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all

460-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were

575-515: A hypothetical Thracian * Donaris . The Proto-Indo-European root of this presumed name is related to the Iranic word " don- "/" dan- ", while the supposed suffix -aris is encountered in the ancient name of the Ialomița River , Naparis , and in the unidentified Miliare river mentioned by Jordanes in his Getica . Gábor Vékony says that this hypothesis is not plausible, because

690-547: A métayer could fancy that his interest lay less in exerting himself to augment the total share to be divided between himself and his landlord and instead be encouraged to defraud the latter part of his rightful share. This was partly due to the métayer's relative state of destitution and with the fixed duration of his tenure – without which the metayage could not prosper. French metayers, in Arthur Young 's time, were "removable at pleasure, and obliged to conform in all things to

805-552: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,

920-535: Is 4,152 km (1,603 sq mi), of which 3,446 km (1,331 sq mi) are in Romania. If one includes the lagoons of Razim-Sinoe (1,015 km (392 sq mi) of which 865 km (334 sq mi) water surface), which are located south of the delta proper, but are related to it geologically and ecologically (their combined territory is part of the World Heritage Site),

1035-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from

1150-477: Is also an important source of hydropower and drinking water . The Danube river basin is home to such fish species as pike , zander , huchen , Wels catfish , burbot and tench . It is also home to numerous diverse carp and sturgeon , as well as salmon and trout . A few species of euryhaline fish, such as European seabass , mullet , and eel , inhabit the Danube Delta and the lower portion of

1265-577: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced

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1380-612: Is divided into three main parts, separated by "gates" where the river is forced to cut through mountainous sections: Mean annual discharge on the hydrological stations (period from 2000 to 2023); 1 - Reni , Isaccea ; 2 - Silistra ; 3 - Pristol ; 4 - Batina , Bezdan ; 5 - Nagymaros , Szob ; 6 - Bratislava , Wolfsthal ; 7 - Untergriesbach Multiannual average, minimum and maximum discharge (water period from 1876 to 2010) Simulated water and suspended sediment results from climate-driven decadal study (with STD through specific decade): P – Simulated average precipitation in

1495-657: Is estimated that the Danube upper course will one day disappear entirely in favor of the Rhine, an event called stream capturing . The hydrological parameters of Danube are regularly monitored in Croatia at Batina , Dalj , Vukovar and Ilok . The Danube basin was the site of some of the earliest human cultures. The Danubian Neolithic cultures include the Linear Pottery cultures of the mid-Danube basin. Many sites of

1610-645: Is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After the dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From the 7th century onward, the legal language in the East was Greek. Roman law also denoted the legal system applied in most of Western Europe until

1725-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before

1840-576: Is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c.  449 BC ), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman emperor Justinian I . Roman law forms the basic framework for civil law , the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law

1955-790: Is the second-longest river in Europe , after the Volga in Russia . It flows through Central and Southeastern Europe , from the Black Forest south into the Black Sea . A large and historically important river, it was once a frontier of the Roman Empire . In the 21st century, it connects ten European countries, running through their territories or marking a border. Originating in Germany ,

2070-686: Is to implement the Danube River Protection Convention by promoting and coordinating sustainable and equitable water management, including conservation, improvement, and rational use of waters and the implementation of the EU Water Framework Directive and the Danube Strategy . The Danube Commission is concerned with the maintenance and improvement of the river's navigation conditions. It was established in 1948 by seven countries bordering

2185-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)

2300-538: Is used in the vicinity of Kahuzi-Biéga National Park as a means to protect the natural environment. In Mexico the system is used in animal husbandry. The term métayage is also applied to modern-day flexible cash leases at least in the nominally common law Canadian province of Ontario , and in 2006 in all of Canada, 13,030 farms occupying 2,316,566ha were counted by Statistics Canada. The same study of metayage found 2,489 farms covering 130,873ha in Ontario. The system

2415-701: The Argonautica by Apollonius Rhodos (Argon. IV. 282). At the end of the Okeanos Potamos , is the holy island of Alba (Leuke, Pytho Nisi, Isle of Snakes ), sacred to the Pelasgian (and later, Greek) Apollo, greeting the sun rising in the east. Hecateus Abderitas refers to Apollo's island from the region of the Hyperboreans, in the Okeanos. It was on Leuke, in one version of his legend, that

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2530-594: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and

2645-582: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture

2760-656: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over

2875-464: The Black Sea via the Danube Delta in Romania and Ukraine . Once a long-standing frontier of the Roman Empire , the river passes through or touches the borders of 10 countries. Its drainage basin extends into nine more (ten if Kosovo is included). In addition to the bordering countries (see above), the drainage basin includes parts of nine more countries: Bosnia and Herzegovina (4.6% of

2990-576: The Bystroye Canal . In 2022, there was a major heat wave in Europe. As a result, there was less water flowing in the rivers. As the water level decreased, a number of ship wrecks from World War II emerged in the Danube River. Many of the ships were from Nazi Germany 's Black Sea Fleet and had been scuttled to stop them from falling into enemy hands. The International Commission for

3105-660: The Danubian Limes was the northeastern border of the Empire, with occasional interruptions such as the fall of the Danubian Limes in 259. The crossing of the Danube into Dacia was achieved by the Imperium Romanum , first in two battles in 102 and then in 106 after the construction of a bridge in 101 near the garrison town of Drobeta at the Iron Gate. This victory over Dacia under Decebalus enabled

3220-623: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until

3335-518: The Loire it was only common in Lorraine . In Italy and France, respectively, it was called mezzadria and métayage , or halving – the halving, that is, of the produce of the soil between landowner and land-holder. Halving didn't imply equal amounts of the produce but rather division according to agreement. The produce was divisible in certain definite proportions, which obviously must have varied with

3450-635: The PIE * isro- , * sreu 'to flow'. In the Middle Ages, the Greek Tiras was borrowed into Italian as Tyrlo and into Turkic languages as Tyrla ; the latter was further borrowed into Romanian as a regionalism ( Turlă ). The Thraco- Phrygian name was Matoas , "the bringer of luck". The Middle Mongolian name for the Danube was transliterated as Tho-na in 1829 by Jean-Pierre Abel-Rémusat . The modern languages spoken in

3565-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law

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3680-552: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,

3795-467: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of

3910-410: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio

4025-471: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas

4140-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of

4255-773: The Danube basin all use names derived from the Latin name Danubius : Danube is an Old European river name derived from the Celtic ' danu ' or ' don ' (both Celtic gods), which itself derived from the Proto-Indo-European * deh₂nu . Other European river names from the same root include the Dunaj, Dzvina/ Daugava , Don , Donets , Dnieper , Dniestr , Dysna and Tana/Deatnu . In Rigvedic Sanskrit , danu (दनु) means "fluid, dewdrop" and danuja (दनु-ज) means "born from danu " or "born from dew-drops". In Avestan ,

4370-431: The Danube basin; T – Simulated average temperature in the Danube basin; Q – Simulated average discharge in the Danube River at delta; S – Simulated sediment load in the Danube River at delta ; Historical average flow to the present day; Measured and reconstructed average water flows from 1742. The reconstructed and observed streamflow (Q – m /s) at Ceatal Izmail for the 1742 to 2022: The land drained by

4485-1040: The Danube extends into many other countries. Many Danubian tributaries are important rivers in their own right, navigable by barges and other shallow-draught boats. From its source to its outlet into the Black Sea, its main tributaries are (as they enter): 18. Tisza (entering near Titel ) 19. Sava (entering at Belgrade ) 20. Timiș (river) (entering at Pančevo ) 21. Great Morava (entering near Smederevo ) 22. Mlava (entering near Kostolac ) 23. Karaš (entering near Banatska Palanka ) 24. Jiu (entering at Bechet ) 25. Iskar (entering near Gigen ) 26. Olt (entering at Turnu Măgurele ) 27. Osam (entering near Nikopol, Bulgaria ) 28. Yantra (entering near Svishtov ) 29. Argeș (entering at Oltenița ) 30. Ialomița 31. Siret (entering near Galați ) 32. Prut (entering near Galați ) The Danube flows through many cities, including four national capitals (shown below in bold), more than any other river in

4600-565: The Danube flows southeast for 2,850 km (1,770 mi), passing through or bordering Austria , Slovakia , Hungary , Croatia , Serbia , Romania , Bulgaria , Moldova , and Ukraine . Among the many cities on the river are four national capitals: Vienna , Bratislava , Budapest , and Belgrade . Its drainage basin amounts to 817,000 km (315,000 sq mi) and extends into nine more countries. The Danube's longest headstream Breg rises in Furtwangen im Schwarzwald , while

4715-591: The Danube was variously known as Danubius , Danuvius , Ister or Hister . The Latin name is masculine, as are all its Slavic names, except Slovene (the name of the Rhine is also masculine in Latin, most of the Slavic languages, as well as in German). The German Donau ( Early Modern German Donaw , Tonaw , Middle High German Tuonowe ) is feminine, as it has been re-interpreted as containing

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4830-610: The Danube's, today subsurface rivers carry much water from the Danube to the Rhine. On many days in the summer, when the Danube carries little water, it completely oozes away noisily into these underground channels at two locations in the Swabian Alb, which are referred to as the Donauversickerung ( Danube Sink ). Most of this water resurfaces only 12 km (7.5 mi) south at the Aachtopf , Germany's wellspring with

4945-522: The Danube. Today the Commission include riparian and non-riparian states. Although the headwaters of the Danube are relatively small today, geologically, the Danube is much older than the Rhine , with which its catchment area competes in today's southern Germany. This has a few interesting geological complications. Since the Rhine is the only river rising in the Alps mountains which flows north towards

5060-506: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with

5175-596: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with

5290-693: The Greeks borrowed the Istros form from the native Thracians. He proposes that the Romanian name is a loanword from a Turkic language ( Cuman or Pecheneg ). Classified as an international waterway , it originates in the town of Donaueschingen , in the Black Forest of Germany , at the confluence of the rivers Brigach and Breg . The Danube then flows southeast for about 2,730 km (1,700 mi), passing through four capital cities ( Vienna , Bratislava , Budapest , and Belgrade ) before emptying into

5405-831: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in

5520-509: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which

5635-731: The North Sea, an invisible line beginning at Piz Lunghin divides large parts of southern Germany, which is sometimes referred to as the European Watershed . Before the last ice age in the Pleistocene , the Rhine started at the southwestern tip of the Black Forest, while the waters from the Alps that today feed the Rhine were carried east by the so-called Urdonau (original Danube). Parts of this ancient river's bed, which

5750-424: The Protection of the Danube River (ICPDR) is an organization that consists of 14 member states (Germany, Austria, the Czech Republic, Slovakia, Slovenia, Hungary, Croatia, Bosnia and Herzegovina, Serbia, Bulgaria, Romania, Moldova, Montenegro, and Ukraine) and the European Union . The commission, established in 1998, deals with the whole Danube river basin, which includes tributaries and groundwater resources. Its goal

5865-418: The Province of Dacia to be created, but in 271 it was abandoned by emperor Aurelian . Avars used the river as their southeastern border in the 6th century. Part of the rivers Danubius or Istros was also known as (together with the Black Sea) the Okeanos in ancient times, being called the Okeanos Potamos (Okeanos River). The lower Danube was also called the Keras Okeanoio (Gulf or Horn of Okeanos) in

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5980-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It

6095-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court

6210-400: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide

6325-425: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of

6440-471: The Serbian and the Romanian stretches of the Danube. However, the transgressions may not be considered acts of piracy, as defined according to the United Nations Convention on the Law of the Sea , but rather instances of "river robbery". On the other hand, media reports say the crews on transport ships often steal and sell their own cargo and then blame the plundering on "pirates", and the alleged attacks are not piracy but small-time contraband theft along

6555-594: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after

6670-453: The ancient Romans had accomplished using slave labor. The hyperinflation that followed the influx of Incan-American gold made Métayage preferable to cash tenancy and wage labour for both parties. Called complant , a laborer (in French prendeur , in Italian mezzadro ) would offer to plant and tend to an uncultivated parcel of land belonging to a land owner (in French bailleur , in Italian concedente ). The prendeur would have ownership of

6785-488: The basin area), the Czech Republic (2.9%), Slovenia (2.0%), Montenegro (0.9%), Switzerland (0.2%), Italy (<0.15%), Poland (<0.1%), North Macedonia (<0.1%) and Albania (<0.1%). The total drainage basin is 801,463 km (309,447 sq mi) in area, and is home to 83 million people. The highest point of the drainage basin is the summit of Piz Bernina at the Italy–Switzerland border , at 4,049 m (13,284 ft). The Danube River Basin

6900-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered

7015-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be

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7130-402: The countries bordering on the Danube . It is tracked to this day in statistics of the European Commission . Métayage was used in French colonies, particularly after the demise of slavery. Also, because of its utility métayage spread to nearby British colonies such as Nevis, St. Lucia and Tobago. It still occurs in former French possessions, particularly in Madagascar . In the Congo the system

7245-422: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by

7360-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised

7475-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been

7590-447: The difficulty of finding tenants having sufficient capital and labour to run the larger farms. In France, since 1983, these métayage and similar farming contracts have been regulated by Livre IV of the Rural Code. The system was once universal in certain provinces of Italy and France , and survived there in places until the end of the nineteenth century. Similar systems formerly existed in Portugal , Castile , and in Greece , and in

7705-471: The distance to the Black Sea by 400 km (250 mi); the Rhine–Main–Danube Canal is about 171 km (106 mi), finished in 1992, linking the North Sea to the Black Sea. A Danube-Aegean canal has been proposed. Danube River cruise for sightseeing is popular, especially between Passau , Germany, to Budapest , Hungary. In 2010–12, shipping companies, especially from Ukraine, claimed that their vessels suffered from "regular pirate attacks " on

7820-458: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study

7935-401: The early 20th Century. By 1929, there were still 200,000 Métayers, farming 11% of French cultivated land (same % in 1892). It was most common in Landes and Allier (72% and 49% respectively). As the métayage practice changed, the term colonat partiaire began to be applied to the old practice of sharing-out the actual crop, while métayage was used for the sharing-out of the proceeds from

8050-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,

8165-549: The end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe

8280-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in

8395-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with

8510-755: The gorge) by the Iron Gate II Hydroelectric Power Station . On 13 April 2006, a record peak discharge at Iron Gate Dam reached 15,400 m /s (540,000 cu ft/s). There are three artificial waterways built on the Danube: the Danube-Tisa-Danube Canal (DTD) in the Banat and Bačka regions ( Vojvodina , northern province of Serbia); the 64 km (40 mi) Danube-Black Sea Canal , between Cernavodă and Constanța (Romania) finished in 1984, shortens

8625-533: The hero Achilles was buried (to this day, one of the mouths of the Danube is called Chilia). Old Romanian folk songs recount a white monastery on a white island with nine priests. Between the late 14th and late 19th centuries, the Ottoman Empire competed first with the Kingdom of Serbia , Second Bulgarian Empire , Kingdom of Hungary , Principality of Wallachia , Principality of Moldavia and later with

8740-423: The highest flow, an average of 8,500 L/s (300 cu ft/s), north of Lake Constance —thus feeding the Rhine. The European Water Divide applies only for those waters that pass beyond this point, and only during the days of the year when the Danube carries enough water to survive the sinkholes in the Donauversickerung. Since such large volumes of underground water erode much of the surrounding limestone, it

8855-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated

8970-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130

9085-533: The northern barbarian Thracian and Illyrian tribes by advancing from Macedonia as far as the Danube in 336 BCE. Under the Romans, the Danube formed the border of the Empire with the tribes to the north almost from its source to its mouth. At the same time, it was a route for the transport of troops and the supply of settlements downstream. From 37 CE to the reign of the Emperor Valentinian I (364–375)

9200-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often

9315-433: The other halves. Thus the instrumentum fundi of Roman Law was combined within métayage. Taxes were also frequently divided, being paid wholly by one or the other, or jointly by both. In the 18th Century, métayage agreements began to give way to agreements to share profits from the sale of the crops and to straight tenant farming, although the practice in its original form could still be found in isolated communities until

9430-601: The peasants and prevented any social or cultural development. Although métayage and extreme rural poverty usually coincided, there were provinces in France and Italy (especially on the plains of Lombardy ) where the contrary was the case. [REDACTED]   This article incorporates text from a publication now in the public domain :  Chisholm, Hugh , ed. (1911). " Métayage System ". Encyclopædia Britannica . Vol. 18 (11th ed.). Cambridge University Press. p. 257. Roman law Roman law

9545-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that

9660-582: The relative lack of free land, made métayage an attractive system for both landowner and farmer. Once institutionalized, it continued into the 18th Century, although the base causes had been relieved by emigration to the New World .. Métayage was used early in the Middle Ages in northern France and the Rhinelands , where burgeoning prosperity encouraged large-scale vineyard planting, similar to what

9775-524: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in

9890-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;

10005-637: The river carries its name from its source confluence in the palace park in Donaueschingen onwards. Since ancient times, the Danube has been a traditional trade route in Europe. Today, 2,415 km (1,501 mi) of its total length are navigable. The Danube is linked to the North Sea via the Rhine–Main–Danube Canal , connecting the Danube at Kelheim with the Main at Bamberg . The river

10120-520: The river has been part of a trans-European waterway from Rotterdam on the North Sea to Sulina on the Black Sea, a distance of 3,500 km (2,200 mi). In 1994 the Danube was declared one of ten Pan-European transport corridors , routes in Central and Eastern Europe that required major investment over the following ten to fifteen years. The amount of goods transported on the Danube increased to about 100 million tons in 1987. In 1999, transport on

10235-698: The river was made difficult by the NATO bombing of three bridges in Serbia during the Kosovo War . Clearance of the resulting debris was completed in 2002, and a temporary pontoon bridge that hampered navigation was removed in 2005. At the Iron Gate , the Danube flows through a gorge that forms part of the boundary between Serbia and Romania; it contains the Iron Gate I Hydroelectric Power Station dam, followed at about 60 km (37 mi) downstream (outside

10350-658: The river. The Danube Delta ( Romanian : Delta Dunării pronounced [ˈdelta ˈdunərij] ; Ukrainian : Дельта Дунаю , romanized :  Del'ta Dunayu ) is the largest river delta in the European Union . The greater part of the Danube Delta lies in Romania (Tulcea county), while its northern part, on the left bank of the Chilia arm, is situated in Ukraine (Odesa Oblast). The approximate surface

10465-643: The river. Today the river carries its name from its source confluence in Donaueschingen , Germany , to its discharge into the Black Sea via the Danube Delta in Romania and Ukraine . The river was known to the ancient Greeks as the Istros ( Ἴστρος ) from a root possibly also encountered in the ancient name of the Dniester ( Danaster in Latin, Tiras in Greek) and akin to Iranic turos 'swift' and Sanskrit iṣiras ( इषिरस् ) 'swift', from

10580-511: The river. Members include representatives from Austria, Bulgaria, Croatia, Germany, Hungary, Moldova, Slovakia, Romania, Russia, Ukraine, and Serbia; it meets regularly twice a year. It also convenes groups of experts to consider items provided for in the commission's working plans. The commission dates to the Paris Conferences of 1856 and 1921, which established for the first time an international regime to safeguard free navigation on

10695-446: The sale of the crops. Colonat partiaire was still practised in the French overseas departments, notably Réunion , until 2006 when it was abolished. In France, there was also a system termed métayage par groupes , which consisted of letting a sizeable farm not to one métayer but to an association of several who would work together for the general good under the supervision of either the landlord or his bailiff. This arrangement got past

10810-653: The same word means "river". The Finnish word for Danube is Tonava , which is most likely derived from the name of the river in German , Donau . Its Sámi name Deatnu means "Great River". It is possible that dānu in Scythian as in Avestan was a generic word for "river": Dnieper and Dniestr , from Danapris and Danastius , are presumed to continue Scythian * dānu apara "far river" and * dānu nazdya- "near river", respectively. In Latin,

10925-575: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution

11040-644: The sixth-to-third millennium BCE Vinča culture (Vinča, Serbia), are sited along the Danube. The third millennium BCE Vučedol culture (from the Vučedol site near Vukovar , Croatia ) is famous for its ceramics. Darius the Great , king of Persia , crossed the river in the late 6th century BCE to invade European Scythia and to subdue the Scythians . Alexander the Great defeated the Triballian king Syrmus and

11155-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law

11270-527: The subject in Quebec of recent scholarly research. British writers were unanimous in condemning the métayage system, until John Stuart Mill adopted a different tone. They judged it by its appearance in France, where under the ancien régime all direct taxes were paid by the métayer with the noble landowner being exempt. With the taxes being assessed according to the visible produce of the soil, they operated as penalties upon productiveness. Under this system,

11385-415: The suffix -ouwe "wetland". Romanian differs from other surrounding languages in designating the river with a feminine term, Dunărea ( IPA: [ˈdunəre̯a] ). This form was not inherited from Latin, although Romanian is a Romance language. To explain the loss of the Latin name, scholars who suppose that Romanian developed near the large river propose that the Romanian name descends from

11500-807: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in

11615-490: The total area of the Danube Delta reaches 5,165 km (1,994 sq mi). The Danube Delta is also the best-preserved river delta in Europe, a UNESCO World Heritage Site (since 1991) and a Ramsar Site . Its lakes and marshes support 45 freshwater fish species. Its wetlands support vast flocks of migratory birds of over 300 species, including the endangered pygmy cormorant ( Phalacrocorax pygmaeus ). These are threatened by rival canalization and drainage schemes such as

11730-399: The varying fertility of the soil and other circumstances and did in practice vary so much that the landlord 's share was sometimes as much as two-thirds, sometimes as little as one-third. Sometimes the landlord supplied all the stock, sometimes only part – the cattle and seed perhaps, while the farmer provided the implements; or perhaps only half the seed and half the cattle, the farmer finding

11845-566: The vines and the bailleur would receive anywhere from a third to two-thirds of the vines' production in exchange for the use of his soil. This system was used extensively in planting the Champagne region . Bailleur was also used as the name for the proprietor under métayage. The contract still exists today in Switzerland. In the eighteenth century c. 75% of leased lands in western, southern and central France were sharecropped. North of

11960-404: The will of their landlords," and so in general they so remained. In 1600, the landlord Olivier de Serres wrote 'Le théâtre de l'agriculture' which recommends Métayage as cash tenants took all the risks so would demand lower rent while hired labour was expensive to manage. Simonde de Sismondi expressed dissatisfaction in 1819 with the institution of métayage because it reinforced the poverty of

12075-457: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which

12190-504: The world. Ordered from the source to the mouth they are: The Danube is navigable by ocean ships from the Black Sea to Brăila in Romania (the maritime river sector), and further on by river ships to Kelheim , Bavaria , Germany; smaller craft can navigate further upstream to Ulm , Württemberg , Germany. About 60 of its tributaries are also navigable. Since the completion of the German Rhine–Main–Danube Canal in 1992,

12305-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III

12420-507: Was also influenced by the jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised

12535-598: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by

12650-485: Was developed in order to better educate the students and to network with one another internationally. As steps towards a unification of the private law in the member states of the European Union are being taken, the old jus commune , which was the common basis of legal practice everywhere in Europe, but allowed for many local variants, is seen by many as a model. Danube The Danube ( / ˈ d æ n . j uː b / DAN -yoob ; see also other names )

12765-464: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following

12880-532: Was much larger than today's Danube, can still be seen in (now waterless) canyons in today's landscape of the Swabian Alb . After the Upper Rhine valley had been eroded, most waters from the Alps changed their direction and began feeding the Rhine. Today's upper Danube is thus an underfit stream . Since the Swabian Alb is largely shaped of porous limestone , and since the Rhine's level is much lower than

12995-457: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius

13110-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of

13225-464: Was useful in Quebec for most agricultural properties at least as far back as the year 1800, and is still tracked statistically by value in Quebec as "loyer en espèces et à la part (agriculture)". It appears to benefit from favourable tax treatment in Canada, where it is known as "sharecropping". In forestry metayage is the subject of a Government of Canada infosheet, and socio-economic report, and has been

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