Organizacja i funkcjonowanie wymiaru sprawiedliwości w starożytnym Rzymie
The organization and functioning of the justice system in ancient Rome
Author(s): Justyna SkwirowskaSubject(s): History of Law
Published by: Krajowa Izba Radców Prawnych
Keywords: Roman law; legisactio procedure; formulary procedure; cognition extra ordinem procedure; organization of the judicial system; judges in ancient Rome
Summary/Abstract: The legal standards for the Roman process have evolved considerably over the years. There are three types of the Roman legal processes: legislative (legislactio procedure), formulary procedure and cognitive (cognition extra ordinem); in some periods of time they overlapped with each other. The biggest differences were between the last two. In the Roman process, principles and legal institutions were developed that are present even in modern procedural law. It can be mentioned that, for example, the principle of a right to an appeal or the prohibition of issuing a decision extending beyond the claims of parties to the case. The aim of this study is to outline the evolution of the Roman trial proceedings and their impact on contemporary legal norms.
Journal: Radca Prawny. Zeszyty Naukowe
- Issue Year: 2019
- Issue No: 3
- Page Range: 131-150
- Page Count: 20
- Language: Polish