The Organization System of Judicial Execution in Hungary from the Early Days to 1871
The Organization System of Judicial Execution in Hungary from the Early Days to 1871

Summary/Abstract: This paper examines the process of the development of the organization system of Hungarian judicial execution up to its first overall regulation in law in 1871 (which represents the prefiguration of today’s organization system).An indispensable element of the historical survey is the exploration of the earliest appearance of legal institution (in particular, of judicial execution and more specifically of the judicial officer). In accordance with that, the first part of the paper examines the procedural law of the period of the Roman Empire in more details. In the course of that, it is reasonable not to limit the survey to execution only because the key structures and still existing basic institutions of our present civil procedural law developed at that time in the period of the Roman Empire. When turning to the history of Hungarian legal regulation, first, we analyse the system of the Middle Ages and Early Modern Age; more specifically, the appearance of the institution of pristaldus (‘poroszló’– bum-bailiff, or delegate judge) until its change in status, which occurred in the 12th century as well as the multifunctional scope of tasks of places of authentication (loca credibilia), which embraces execution too, the operation of these places, and the decrease of their significance in the Early Modern Age. Finally, we examine the judicial officers’ system in the mirror of the legal regulation set up in 1871 (starting from the conditions of becoming a bailiff through rules of incompatibility to the fees of the judicial officers’ procedure in the period).

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