THE HISTORICAL DEVELOPMENT OF THE PATRONUS AS REPRESENTATIVE IN CIVIL PROCEEDINGS Cover Image

THE HISTORICAL DEVELOPMENT OF THE PATRONUS AS REPRESENTATIVE IN CIVIL PROCEEDINGS
THE HISTORICAL DEVELOPMENT OF THE PATRONUS AS REPRESENTATIVE IN CIVIL PROCEEDINGS

Author(s): Rena Van Den Bergh
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: civil procedure; legal representation; law history; Roman law; patronus.

Summary/Abstract: The historical development of the patronus as representative in civil proceedings. This article focuses on the position of the patron during the pre-classical period (250–27 B.C.). His role as representative and pleader in court developed from the Roman institution patronage (clientela). According to Dionysius of Halicarnassus Romulus had divided Roman citizens into two groups, patricians and plebeians, who had reciprocal rights and duties. Since most of the law was unpublished and not well-known it was especially legal assistance which was sought from the patrons by the clients who also lacked the social prestige to defend their rights. The patron had to come to the legal rescue of his client, pay his money for litigation and represent him in court, acting as legal advisor, protector and (eventually) as advocate.

  • Issue Year: 54/2009
  • Issue No: 4
  • Page Range: 129-139
  • Page Count: 11
  • Language: English