Remarks on the relationship between the General Part of Private Law (Civil Law) and the tradition of Roman Law

Abstract

The author of this study traces back the origin of the notion of “General Part” (‘Allgemeiner Teil’ in German) to the century’s old tradition of Roman law (Civil law). He points out that the origin of the term “General Part” cannot be found in the sources of classical and postclassical Roman law. The most renowned representatives of the German Pandectist School i.e., Pandectist Legal Science developed the concept of “General Part” during the preparation of the codification of private (civil) law during the 19^th century availing themselves, however, of the Roman law tradition dating back to the previous i.e., medieval legal science.