Postavení věřitele a dlužníka při actio iudicati. Protivníci nebo spojenci?
Roman Law of Execution: the Position of the Creditor and Debtor. Adversaries or Confederates?

Summary/Abstract: The article deals with the cooperation of the debtor and creditor in the law of the execution. It traces the development of the ideas the law of the executions to subdue the debtor to the creditor´s revenge, which was enacted in the Law of the Twelve Tables. It examines the ways in which the debtor could collaborate with the creditor to evade the personal execution, which could lead to the death of the debtors. The article further describes the powers of the praetor in judicial proceedings per formulas and shows further development in the frame of ius honorarium that ends up in the possibility of selling individual items from the property of the debtor without any danger of death or serious injury to himself. The paper concludes that the present law of execution has its origins in Roman law and, at the same time, the present legal regulation is the conclusion of the very lohg historical development that has its origins in the Law of the Twelve Tables.

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