Res iudicata pro veritate accipitur w rzymskim procesie cywilnym
Res iudicata pro veritate accipitur in the Roman Civil Procedure
Author(s): Sebastian STANKIEWICZSubject(s): Civil Law, Roman law
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: Roman civil procedure; judgment; material truth; formal truth; res iudicata;
Summary/Abstract: The article attempts to analyze the meaning of the principle of res iudicata pro veritate accipitur in the Roman civil procedure. According to Roman law, once a final judgment was handed down in a lawsuit, it was considered to be truthful and this correspondence was supported by a legal presumption. The truth could correspond to reality (material truth) or emerge from the evidence gathered in the course of a legal case (formal truth). The purpose of the court’s activity in a civil procedure is to find the truth and, consequently, to render a fair court judgment.
Journal: Annales Universitatis Mariae Curie-Skłodowska, sectio G – Ius
- Issue Year: 70/2023
- Issue No: 1
- Page Range: 175-187
- Page Count: 13
- Language: Polish
