SOME OBSERVATIONS ON THE LEGAL POSITION OF THINGS SANCTAE (RES SANCTAE) IN ROMAN LAW.

In Roman Law, there are two forms of excluding things from legal traffic and those are principles of natural law (humani iuris) and divine law (divini iuris). Things sanctae belong to the category of things that are out of legal circulation according to divine law (res extra commercium divini iuris) and together with things sacrae and things religiosae are subjects of divine law to a certain extent. Things sanctae are specific according to the nature of matter because they do not have a religious character but are declared sanctae for objective reasons. Through a special religious rite (consecratio) certain things are placed under the protection of Gods and with that they have gained their sanctity. Anyone who harmed the legal integrity of things sanctae, would make a sacrilegium and would be punished with death penalty. [ABSTRACT FROM AUTHOR]