ИЗВРШЕЊЕ ПРЕСУДЕ У РИМСКОМ ГРАЂАНСКОМ ПОСТУПКУ
THE ENFORCEMENT OF JUDGMENTS IN ROMAN CIVIL PROCEEDINGS

Summary/Abstract: In the course of the development of the Roman law on the enforcement of judgments, real enforcement (which is nowadays a common rule in the law on enforcement) was exposed to many changes and transformations. Being at first instituted as an exception from the regular method of enforcement (personal enforcement) in a legis actio proceeding, and then, as a formulae proceeding, instituted as a privilege of a specific population category (the senator class), the subject matter of the enforcement in the extraordinary proceedings was, by the rule, the debtor's real property. The term "by the rule" implies that the extraordinary proceedings also included elements of personal enforcement. Although present, these elements were however just an exception from the rule, which was real execution. Subsequently, real enforcement became a form of enforcement which included the entire property of the debtor {action iudicati), which was a giant step towards the contemporaiy form of enforcement and security. In spite of the fact that it originated in a distant past and apart from the changes it was exposed to, Roman enforcement law and the enforcement of judgments in the extraordinary proceedings in particular played an important role in the development of the modern institute of enforcement.

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