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Litigation in Roman Law
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Litigation in Roman Law

Ernest Metzger

Abstract

Modern accounts of how lawsuits were filed in Rome during the classical period tend to show that the opponents were willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal ... More

Keywords: Roman law, trial, magistrate, Justinian, legal procedure, litigation, classical period, Rome, lawsuits

Bibliographic Information

Print publication date: 2005 Print ISBN-13: 9780198298557
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198298557.001.0001

Authors

Affiliations are at time of print publication.

Ernest Metzger, author
Senior Lecturer in Law, University of Aberdeen

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