Legal procedure in roman law and its reflection in modern civil procedure

被引:0
|
作者
Serhij, Kravtsov [1 ]
Serhii, Vlasenko [2 ]
Oleh, Rozhnov [3 ]
Malinovska, Iryna [4 ]
机构
[1] Yaroslav Wise Natl Law Univ, Dept Civil Procedure, Kharkiv, Ukraine
[2] Yaroslav Mudryi Natl Law Univ, Dept Legal Hist, Kharkiv, Ukraine
[3] Yaroslav Mudryi Natl Law Univ, Civil Procedure Dept, Kharkiv, Ukraine
[4] Yaroslav Mudryi Natl Law Univ, Civil Law Dept, Kharkiv, Ukraine
来源
CUESTIONES POLITICAS | 2021年 / 39卷 / 71期
关键词
legis actiones; formulary procedure; cognitio;
D O I
10.46398/cuestpol.3971.56
中图分类号
D0 [政治学、政治理论];
学科分类号
0302 ; 030201 ;
摘要
Tremendous efforts of legislators are directed towards the development of an ideal judicial system and procedure of administering justice. However, current trends of judiciary reformation are easier to comprehend and accept if we turn to the origins of legal protection of human rights which, undoubtedly, go back to the Roman law. Methodology: From this point we use comparing methods for analizing the legislative provisions; the structural method and historical method was used for the background of Legal procedure in roman law. Results and conclusions: In this article we will outline the main stages of formation of legal protection of human rights in Roman law and characterize types of these processes - namely legis actiones, formulary procedure and cognitio. By analyzing the original sources that have survived to our times, namely the Law of Twelve Tables, Gaius ' s Institutions and Justinian ' s Digestes, we will examine what peculiarities of consideration and resolution of cases each of these stages demonstrated; how the traditional views on the behavior of the parties and the court in the process were established; which main requirements were applied to justice in civil matters in Roman law. In the course of the work the following methods were used: essential, comparative, general historical.
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页码:921 / 941
页数:22
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