PERMANENT STATE COURTS IN ROMAN LAW Cover Image

STALNI SUDOVI U RIMSKOM PRAVU
PERMANENT STATE COURTS IN ROMAN LAW

Author(s): Filip Novaković
Subject(s): History of Law, Criminal Law, Civil Law, Ancient World
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: judiciary organization; recuperatores; decemviri; centumvir court;

Summary/Abstract: One of the most important functions of any state is judiciary. Even the old peoples realized that it was not enough to prescribe rules of conduct in the form of imperative and prohibitory norms. It was also necessary to organize appropriate state bodies, but also to anticipate the procedure that would be used in the event of a dispute between citizens. In ancient times, the Romans were the leaders in this process. First of all, the development of Roman civil proceedings begins with the emergence of an orderly Roman state in order to limit the use of selfhelp, that is, the exercise of rights by the use of one’s own power. The litigants who were in trial were laymen, ordinary Roman citizens. It was considered to be the duty of every free Roman to be an iudex privatus, and these civic duties could only be released in exceptional cases. The demands of the times were such that it required the existence of permanent bodies that would share justice in certain litigation. In this role, we see recuperators, decemviri litibus iudicandis and iudicum centumvirale, as well as judicial authorities in the Roman provinces and special types of courts that developed during the late empire.

  • Issue Year: 13/2020
  • Issue No: 25
  • Page Range: 141-161
  • Page Count: 21
  • Language: Bosnian
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