PUBLIC LAW - PRIVATE LAW: THE USE OF PRIVATE CATEGORIES IN THE CONSTRUCTION OF THE LAW OF ROMAN ADMINISTRATIVE STRUCTURES IN THE FIRST PRINCIPALITY

The relation between private law and public law in the non-bureaucratic Roman state comes out fluently, by the nonexistence of proper categories of the public one, unless until the third century. It was, therefore, by all means natural, that the ius civile by means of the proper jurisdictional elaboration and the jurisprudence was the ideal source for using civils institutes in the construction of a law of roman structure that is born as an organizational way of the Prince power situated along with traditional republican institutions. Similarly phenomena, meanwhile, has been confirmed by the end of the 800 when the theory of the administrative act reaches maturity modeling over a paradigm of legal business as it had been elaborated for the pandectist.