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Enforcement law in ancient Rome
Enforcement law in ancient Rome

Author(s): Bartosz Stróżewski
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Akademii Nauk Stosowanych WSGE im. A. De Gasperi w Józefowie
Keywords: Roman law; enforcement proceedings; execution on person; execution on property; Lex Poetelia; Roman trials

Summary/Abstract: The subject of this article is Roman enforcement law. It has undergone numerouschanges and evolutions over the centuries, with differences evident in the approachto execution on the person and property of the debtor. These changes were theresult of socio-economic as well as political demands that influenced the shapingand development of this system. After a period of harsh and brutal enforcement,physical punishment began to be eliminated and more humane, economic methodswere introduced, allowing the creditor to seize part of the debtor’s assets to satisfytheir claims. Over time, special mechanisms were also developed to repair debtors’assets, which allowed them to settle their debts by means other than solely by way ofsecurity in rem. Roman enforcement law reached a higher level of development andmaturity in the late imperial periods. Such developments led to greater protection ofdebtors and more effective safeguarding of creditors’ interests. The epochal changesin Roman enforcement law on the person and property of the debtor reflected notonly the changing moral standards of society, but also the result of the continuousdevelopment of the law.The purpose of this paper is to characterise Roman enforcement law. This lawhas played a vital role in the creation of modern legal systems, particularly civil law

  • Issue Year: 62/2025
  • Issue No: 2
  • Page Range: 706-721
  • Page Count: 16
  • Language: English
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