TITIUS IUDEX ESTO: ИЗБОР НА ЗАКЛЕТ СЪДИЯ ПРИ ФОРМУЛАРЕН ПРОЦЕС
TITIUS IUDEX ESTO: CHOICE OF PRIVATE JUDGE IN FORMULARY PROCEDURE

Summary/Abstract: The article examines the choice of judges in the formulary procedure, comparing the Roman procedural reality with the data from the Lex Irnitana, which shed new light on some features that were previously unknown. When it comes to iudex unus and the arbiter, on the one hand, the importance of the will and the free choice of the parties is underlined. On the other hand, the system of alternating recursions between the applicant and defendant is adopted in case of dissent during the choice. The Lex Irnitana also regulates the situation in which one of the parties does not intend to cooperate at all in the selection procedure of the judge, entrusting the same to the counterpart willing to cooperate. The drawing of lots was applied in the context of the statute only for the designation of the recuperatores.

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