PP390
Analítico de Periódico
JUSTO, António dos Santos
O direito romano em Portugal / António dos Santos Justo
Boletim da Faculdade de Direito, Coimbra, v.93 n.2 (2017), p.540-556
DIREITO ROMANO / Portugal, HISTÓRIA DO DIREITO / Portugal, HISTÓRIA DE PORTUGAL / Portugal, CÓDIGO CIVIL / Portugal
Even though a vulgar version of Roman law was gradually brought into the Iberian Peninsula during the Roman Conquest, asserting itself over the subsequent two centuries, it was not until the middle of the 13th century that a more scientific, jurisprudence- type of approach took place following the rebirth of Roman law that started out in the 12th century, first in Bologna (School of Glossators) and then in Perugia (school of Commentators). Roman law was frequently applied by Portuguese courts as subsidiary law and formally taught at the Portuguese University Faculty of laws. Thanks to the superiority of the Roman law system, Portuguese law saw an extraordinary progress, with its doctrine excelling among legal scholarship. Furthermore, Roman Law succeed throughout the 16th century humanist crisis and nurtured the Culture Jurisprudence, devoted to genuine classical law. It remerged in the German usus modernus pandectarum school, which was enshrined by the 1772 Pombaline Statues of the University of Coimbra to fill legal gaps, except in matters related to trade, navigation, the economy, and politics, where Roman Law did not entirely disappear inasmuch as it underpinned the law of the Christian, polished, civilized nations. Currently, Roman Law is applied by courts in the settlement of legal disputes, it keeps nurturing legal doctrine, and its juridical lymph can also be found under the different European and Latin American codes.