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A New Outline of the Roman Civil Trial$
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Ernest Metzger

Print publication date: 1997

Print ISBN-13: 9780198264743

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198264743.001.0001

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A Divided Proceeding in iure

A Divided Proceeding in iure

Chapter:
(p.39) 4 A Divided Proceeding in iure
Source:
A New Outline of the Roman Civil Trial
Author(s):

Ernest Metzger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198264743.003.0004

This chapter aims to refine the association between intertium and trial. It shows that the purpose of the various roles governing intertium is to bring the in iure phrase to a close in a timely and orderly way. It argues that: (1) certain language in chapter 90, often taken to indicate that litis contestatio has been accomplished, instead indicates the very opposite; (2) the magistrate's duty to grant intertium under chapter 90 is drawn in a way to ensure the magistrate's diligence in completing the proceedings of the in iure; and (3) the statute reveals enough about the publication and announcement of intertium to show that these steps anticipate the resumption of the hearing in iure. The chapter concludes that rules for intertium require the magistrate to divide the in iure phrase for the benefit of parties who cannot complete the proceedings in one hearing.

Keywords:   in iure phrase, hearing, magistrate, publication, announcement, litis contestatio

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