Abhandlungen aus dem Römischen Civilprocess, Vol. 3 - Softcover

Julius Baron

 
9781332637720: Abhandlungen aus dem Römischen Civilprocess, Vol. 3

Synopsis

This book explores the transformation of the civil procedure of ancient Rome from its origins in the mid-republican period up until the reign of Justinian in the 6th century CE. The author studies in particular the shift from the formulary procedure, which predominated for several centuries, to the cognitio extra ordinem procedure, which was introduced by the Emperor Marcus Aurelius. This transformation marked a turning point in the history of Roman law, and the author seeks to understand this change and its significance. The author examines the role of Marcus Aurelius in the development of the cognitio procedure, focusing especially on the emperor's introduction of the denuntiatio, a new form of lawsuit summons. The author argues that the denuntiatio was a radical innovation that fundamentally changed the nature of the Roman legal process, making it more efficient and accessible. The book also discusses the broader implications of the shift from the formulary to the cognitio procedure, considering its impact on the role of judges, lawyers, and litigants in the Roman legal system. This book is a valuable contribution to the study of Roman law and provides new insights into the development of one of the most influential legal systems in history.

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