ARBITRATION PROCEDURES IN ROMAN ADMINISTRATIVE JUSTICE Cover Image

AРБИТРАЖЪТ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ НА РИМСКАТА ПРАВНА СИСТЕМА
ARBITRATION PROCEDURES IN ROMAN ADMINISTRATIVE JUSTICE

Author(s): Antonio Fernández De Buján
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice, Law on Economics, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: arbitration; Roman law; administration; international relations; compromissum

Summary/Abstract: The arbitration procedure as a method of settling legal disputes is no contempo-rary achievement. It was in fact developed and quite commonly used in ancient times as well, particularly in the Greco-Roman world. At first it was a tool to settle cases in the field of contract and commercial law – or, in general, private law – but with the passage of time it also became applicable to international, federal and administrative legal disputes. Both types of arbitration (in public and in pri-vate law) were based on the agreement (compromissum) between the parties to the case to allow their legal dispute to be settled by an impartial third party, whose decision would be held as legally binding. The main difference in fact lies in the parties themselves – in public arbitration it was the states or state institu-tions who, while exercising their powers, chose to enter an arbitration procedure. Apart from these general conclusions, the article also presents an in-depth analysis of actual known Roman-era international, federal and administrative cases that were settled through arbitration, many of them being connected to the usage of public waters, border delimitation, taxes and tax revenues etc.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 54-67
  • Page Count: 14
  • Language: Bulgarian