Publication details
Původ bipartity legisakčního řízení
| Title in English | Origin of Bipartite legis actio Procedure |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/CPVP2021-1-3 |
| Keywords | legis actio; in iure; apud iudicem; lex Irnitana; Bipartite Roman Process; Dispute Settlement |
| Description | The first part of the article deals with theories dealing with the reasons and circumstances leading to the division of the legislative procedure into two phases, ie in jure, which took place before the magistrate and apud iudicem in which the dispute was decided by the appointed judge. In its basic features, it presents those theories that have significantly influenced the knowledge and further direction of research in this area. The next part deals in the context of the focus of this article with the municipal law lex Irnitana, which offers insight into the reformed formulated process, which, among other things, regulates the freedom of the disputing parties in choosing the person of the judge. The last part offers a perspective from the perspective of legal-anthropological and ethnographic research conducted in the last century in modern primitive societies, which can provide a broader insight for the purposes of studying Roman law and help clarify the motivations and reasons leading to the bipartite Roman process. Anthropological materials make it possible to better understand the legal and non-legal ties that are determined by the social structure of archaic and primitive communities. Thanks to this, we can identify some traditional errors concerning the approach of archaic and primitive societies to law. |