Extraordinary process in Roman law: the essence and value


2018-03-18 12:00:52




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Roman law became the Foundation that formed the legal systems of many countries. It takes its origins from a small city of Rome, which later became powerful and the great Roman Empire, which allowed to disperse the principles of Roman law throughout Europe. And let every country, every legal system in its own perceived and used this domain, many nuances, namely the conceptual-categorical apparatus, the basic provisions and the system of law has been preserved until now. A lot of place is an extraordinary process in Roman law as a form of civil process.

Civil process of the Roman Empire

The Roman civil process, history of the origin and development of which owes much to the famous Roman lawyers, plays a big role in the epistemological significance of all Roman law. The main aspects of the process can be studied with multiple codifications, among which is the Set of civil law of Emperor Justinian - Corpus juris civilis. extraordinary process in Roman lawThe Roman civil process, or, as it is called, of the Roman civil procedure – it is the actual activity of persons involved in the case, and the court in General using the rules and principles of civil procedural law. The importance of civil procedure in its forms, namely legisaltion, formulary, extraordinary.

Legislational process of Roman civil law

This kind of process is the most archaic. It found its place in the Laws of XII tables and then it was only for trial. The name of this form of the process takes from legis actio, which means “legitimate reason" - the protection of rights through performance. failure to appearBy Analyzing the entire history of civil process, legisation can be safely called the most stringent. The reason for this – it exceeded the role of formalities. It perfectly shows an example of a guy taken from “Institutions of Justinian": if a cow is called a cow, not an animal, the claim will not be satisfied, because he will not conform to the law that we are talking exclusively about animals.


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The Formulary process in Roman law

Most advanced at the time the process was an extraordinary process in Roman law, but before him was another stage of the formulary. After legisation, this form allowed for all civil law “breathe” from the destruction of part of the formalities that have significantly effect on the development of the whole law. Roman lawThe Transition to a new stage ultimately strengthen the so-called pretorskoe law, whereby the legislator was able to respond quickly to any changes in the legal system. The process was divided into two parts. Proceedings at the first stage ended with the creation formula–a note written by the praetor, which stated all the nuances of the case and was recommendations to the judge regarding the decision. The second phase took place directly before a judge.

Extraordinary process in Roman law

The Development of Roman law did not stop and constantly have been in search of a form of process that would be different maximum simplicity and undemanding. This process was extra ordinem, or extraordinary. With the introduction of the principles of this process has disappeared the figure of a private judge, all claims were considered by one magistrate, and formulas and judicial contracts fade into the background. The essence of the extraordinary is revealed in the process of considering and analyzing the case only with the participation of the plaintiff. This required appropriate materials. extra ordinemThe role played by the non-appearance in court. This is due to the fact that the judge had not such important as in the previous forms of the process, and its main administrative duty was summoned to court on a particular day. If not, was the defendant, the case was not closed and was dealt with without his involvement, but the absence in court of the plaintiff entailed the termination of the proceeding.

The Value is extraordinary process for the development of the right system

An Extraordinary process in Roman law has become a completely new stage in development of civil process in Rome. It was a new view of the proceedings that resulted in many changes in the legal system. This form had a high degree of flexibility and the availability of administrative system. Due to the extraordinary process in the civil law system appeared in the Institute in absentia proceedings. extraordinary nature of the processThe Case has not been considered, passing two of the process, and the decision on it was the decree of the public authority and not a private judge. Together with this extraordinary process was more bureaucratic than the formulary. The judge was a judicial officer, and the completion of the case was the speech on behalf of the Emperor. This stage of development of Roman civil procedure revealed the main features of Roman law in the later period. The activity of the parties to the proceedings and the publicity process was limited, and the authoritarian, bureaucratic, started to increase.

Post-classical process

The Collapse of the Roman Empire appear on all facets of the legal system. Post-classical process – it is modified as a result of state changes form the extraordinary. The main difference from the classic – a wide use of written reference process and, as a consequence, significant changes in the procedures of solving the litigation. In this final stage of the Roman civil process has also introduced the concept of the presumption, which meant that the judge may consider some of the facts are irrelevant, if the party interested in it, proves the contrary.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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