За ресцисия на съдебни решения в римското право: конститутивен ефект или декларативно обявяване на нищожност?
On the Rescission of Judgments in Roman law: Constitutive Effect or Declaration of Nullity

Author(s): Daniil Tuzov
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: rescindere; judgments; Roman law; nullity; iudicatum
Summary/Abstract: It is a common idea in Romanist doctrine that the use of the term 'rescindere' in the sources when referring to the effect of challenging judgments can mean – together with the destructive consequences of the judgment on appeal or in full restitution (in integrum restitutio) – also "annulment" of the judgment. The greatest development of this concept is found in the famous work of L. Raggi. However, the sources do not reveal any tendency to use the term 'rescindere' in a sense that is substantially removed from its etymological meaning of a declaratory statement of the nullity of the judgment. The inconsistency of the concept is even more apparent if one takes into account the regular use of the term under analysis in its ordinary meaning – the setting aside of an actual judgment – and also if one extends the analysis beyond the confines of the procedural sphere and takes into account the entire body of Roman sources in which the term 'rescindere' is used.

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