ACTIONES POPULARES AND PROTECTION OF PUBLIC AND INDIVIDUAL INTEREST IN ANCIENT ROME Cover Image

ACTIONES POPULARES И ОПАЗВАНЕТО НА ПУБЛИЧНИЯ И ИНДИВИДУАЛНИЯ ИНТЕРЕС В ДРЕВНИЯ РИМ
ACTIONES POPULARES AND PROTECTION OF PUBLIC AND INDIVIDUAL INTEREST IN ANCIENT ROME

Author(s): Sara Correa Fattori
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Civil Law, Canon Law / Church Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The doctrine has been discussed about some controversial aspects in relation to so-called Roman classactions (actiones populares), mainly concerning which actions would be considered truly popular, and what their legal nature. Among the theories are the highest expression of Bruns and Fadda, reviewed by Casavola almost half a century later, who heldone of them clash with those of several other authors. Some Casavola´s conclusions were subsequently heavily criticized by Simshäuser. In Digest ( Paul 8 ed ad, D. 47, 23 1) a classactionis defined as: "eam popularem actionem dicimus, quae suum ius populi tuetur." (We callit popular action that defendst he right of the people). The following are comments on the main points of interest to the matter.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 397-414
  • Page Count: 18
  • Language: Bulgarian