Chosen Roman and Canon law institutes in Recent Positive Law of the Slovak Republic

Abstract

The essence of Senatus Consultum Vellaeanum (hereinafter referred to as the “SCV”) was to forbid intercession of women in case of debt of another person. The art of Roman lawyers to deal with different circumstances of a case can be observed and situations in which protection of a woman is required can be discovered in the individual fragments of the SCV. Canonical equity (aequitas) is a relative idea that calculates with a higher principle of justice or the moderation of law in its application. After analysis of the individual cases, it can be stated that the aim of the SCV was to protect women, who in these cases acted as the weaker party, based on the general experience that in the majority of cases women are emotionally more inclined to help, and act with undue confidence in the ability of the other person to honour his promise; they are unable, especially, to withstand the importunacy of their husbands or friends, and they are generally prone to be influenced by unscrupulous or wellmeant, but unsound advice. Under the influence of emotions and strong life situations, women tend to be naive, very optimistic, and negligent about their own interests. The common purpose of protection – a person emotionally distressed, trustful, negligent about his/her own interests, who has become an entity of a contractual relationship, in which the said person’s rights are grossly disproportionate to the rights arising from the contractual relationship – can be identified even in civil usury, which is part of Slovak positive law. Legal protection against usury is, likewise, an expression of the requirement of justice and good morals in legal relations. Based on the given conclusions, it can be stated that the essence and aim of the SCV and canonical equity has found its representation also in the legal order of the Slovak Republic.