PREVENTION OF THE ABUSE
OF THE RIGHT TO COURT:
ROMAN SACRAMENTUM
AND CONTEMPORARY SLAPPS Cover Image

PREVENTION OF THE ABUSE OF THE RIGHT TO COURT: ROMAN SACRAMENTUM AND CONTEMPORARY SLAPPS
PREVENTION OF THE ABUSE OF THE RIGHT TO COURT: ROMAN SACRAMENTUM AND CONTEMPORARY SLAPPS

Author(s): Sławomir Patrycjusz Kursa
Subject(s): Criminal Law, Sociology of Law
Published by: Oficyna Wydawnicza Uczelni Łazarskiego
Keywords: Sacramentum; legis actiones; SLAPP; right to a court; abuse of the right to a court;

Summary/Abstract: This article e xamines the issue of preventing the abuse of the right to a court. The authorhighlights that the phenomenon of abusing this right and the measures to prevent it haveaccompanied the development of law and legal regulations since ancient times. The articleexplores the abuse of the right to a court in relation to the Roman sacramentum and discussesthe essence of contemporary SLAPPs (Strategic Lawsuits Against Public Participation) alongwith methods of counteracting them. Sacramentum was a procedural law institution with deeproots in the religious tradition of ancient Rome and significant symbolic meaning, whereasSLAPPs represent a modern, undesirable phenomenon linked to procedural and financialaspects of the legal system. The article also examines the relationships, similarities, anddifferences between the ancient Roman sacramentum and modern SLAPPs and attempts toanswer the question whether an equivalent of the Roman sacramentum could effectively curbcontemporary SLAPPs.

  • Issue Year: 19/2025
  • Issue No: 1 ENG
  • Page Range: 15-23
  • Page Count: 9
  • Language: English
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