ПРАВНОПОВИЈЕСНИ КОРИЈЕНИ РАНОСРЕДЊОВЈЕКОВНА МЛЕТАЧКОГ VADIMONIUM COMPROBANDI С МЕДИАТОРОМ
LEGAL-HISTORICAL ROOTS OF EARLУ MEDIEVAL VENETIAN VADIMONIUM COMPROBANDI WITH A MEDIATOR

Summary/Abstract: The issue in the present article relates to the justification of the generally accepted view according to which the Venetian procedure is „in essence the Roman-law procedure” (Salvidï). This is why first to be analyzed is Justinian's procedure with the libel, which is compared to the Venetian one. The corresponding basic difference is the following: the lattei procedure is not iniated by a written „announcement of the dispute” to the defendant; the defendant is, namely called orally, whale even then he is not informed about the reason for summoning him. This difference ther gives rise to many others. Just the contrary, it seems that Venetian mediator may be connected to Justinian's procedure, where court office is responsible for the idoneity of the warrantor, namely of his suitability. Since in the early medieval Ravenian procedure the trial was usually held in public spaces, and in the presence of a considerable number of reputed people, the court office has relatively lost its significance, while the guai- antying for the suitability of the warrantor has been assumed by the outstanding individual jurors. In Venice this guaranty was transferred to the evidence procedure where, in addition to the warrantor, the mediator took an active part, in the beginning period as a „warrantor for the warrantors”, while subsequently he had lost in importance, being transformed into a mere witness, only to finally 'disappear during the 13th century.

• Details
• Contents