The role of actions with the transposition formula
in the development of Roman business law
The role of actions with the transposition formula
in the development of Roman business law
Author(s): Ionuţ CiutacuSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Comparative Law, Roman law
Published by: EDITURA ASE
Keywords: praetorian actions; intentio; condemnatio; formula rutiliana; adiecticiae qualitatis
Summary/Abstract: Towards the end of the Republic, the Roman state experienced an unprecedenteddevelopment. The Roman business environment needed flexible legal documents, able to keepup with the fast pace imposed by commercial documents. The legal acts of the old RomanLaw did not correspond to the requirements of the exchange economy, as they werecumbersome and formal. The Romans were conservative and did not easily accept deviationfrom the rigors of the old Roman Private Law. For this reason, they created a new proceduralsystem, the formal procedure, with the help of which they managed to update the norms ofRoman Law. One of the most interesting legal procedures specific to this system was theaction with the formula with transposition, because in this way the lawyers contributed to thedevelopment of Roman business law.
Journal: European Business Law Journal
- Issue Year: 1/2022
- Issue No: 1
- Page Range: 14-22
- Page Count: 9
- Language: English
