The Jus Aelianum is a collection of laws established by Sextus Aelius, a Roman consul, during the second century B.C. It comprises three components: the laws of the Twelve Tables, an accompanying commentary, and the procedural forms. The Twelve Tables, enacted by the Romans in the 5th century B.C., are the oldest surviving legislation and outline various rights and obligations of Roman citizens, such as debtors’ rights, family law, wills, torts, civil procedure, and certain aspects of public law. The law of the Twelve Tables was also referred to as the Lex Duodecim Tabularum and served as the foundational law for the Romans for many centuries until it was superseded by Justinian’s legislation.
Jus Aelianum, a manual of laws in Roman law, was authored by Sextus Aelius, a consul, in the second century B.C. The manual is divided into three parts: the laws of the Twelve Tables, a commentary on the laws, and the forms of procedure. The Twelve Tables, written on 12 tablets in the 5th century B.C., is the earliest surviving legislation enacted by the Romans. It outlines the rights and duties of Roman citizens, including debtors’ rights, family law, wills, torts, civil procedure, and some public law. For example, the Tables established the right of a debtor to be released from his debt after being held in custody for 60 days and set out the rules for inheritance and the rights of women in marriage. The law of the Twelve Tables, also known as the Lex Duodecim Tabularum, was the first written body of laws in Rome, accessible to all citizens, and continued to be recognized for many centuries as the fundamental law of the Romans.
Jus Aelianum is a legal principle that originated in ancient Roman law, which refers to the right of a creditor to seize the property of a debtor who has defaulted on a loan.
The principle of Jus Aelianum is no longer directly applicable in modern law, but its underlying concept of creditor rights and debtor obligations still exists in various legal systems.
In ancient Roman law, a creditor must have a valid claim against the debtor, and the debtor must have defaulted on the loan. The creditor must also follow certain legal procedures to seize the debtor’s property.
No, a creditor can only seize the property that was pledged as collateral for the loan or that is necessary to satisfy the debt. The creditor cannot seize property that is essential for the debtor’s survival or livelihood.
If a creditor violates the rules of Jus Aelianum, the debtor can seek legal recourse and may be entitled to damages or other remedies.
No, Jus Aelianum is a legal principle that originated in ancient Roman law and is not recognized in all countries. However, similar concepts of creditor rights and debtor obligations exist in various legal systems.
Jus Aelianum is not directly applicable in modern bankruptcy proceedings, but its underlying concept of creditor rights and debtor obligations may be relevant in determining the distribution of assets in a bankruptcy case.
Yes, a debtor can challenge the validity of a creditor’s claim under Jus Aelianum if there is evidence of fraud, mistake, or other legal defects in the loan agreement.
Jus Aelianum refers specifically to the right of a creditor to seize a debtor’s property, while Jus Commune is a broader legal principle that encompasses various aspects of civil law.
The principle of Jus Aelianum has influenced modern legal systems by establishing the concept of creditor rights and debtor obligations, which is still relevant in various areas of law such as bankruptcy, secured transactions, and property law.
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This glossary post was last updated: 17th April 2024.
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