КЪСНОАНТИЧНИ ИДЕИ ОТНОСНО РИМСКИЯ ПРОЦЕС
IDEAS ABOUT ROMAN PROCEDURE IN LATE ANTIQUITY
Author(s): Paolo GarbarinoSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Civil procedure; late cognitio extra ordinem; authority of the judge; seeking the truth
Summary/Abstract: Abstract: In the field of the Roman civil procedure some constitutions of the emperor Constantin (CTh. 2,18,1; CTh. 2,26,1; CTh. 11,39,1; CTh. 9,19,2) testify for the establishment of an orientation that the task of the judge is to determine what is the truth, independently of the demands of the parties in the process and the presented evidences. This is a significant innovation in a comparison with the Formulary procedure in which the sentence of the judge is strictly bound with the formula created by the praetor and accepted by the parties.
Journal: IUS ROMANUM
- Issue Year: 2015
- Issue No: 2
- Page Range: 154-170
- Page Count: 17
- Language: Bulgarian