
Legal procedure in roman law and its reflection in modern civil procedure
Author(s) -
Serhij Kravtsov,
Vlasenko Serhii,
Rozhnov Oleh,
I. M. Malynovska
Publication year - 2021
Publication title -
cuestiones políticas/cuestiones políticas
Language(s) - English
Resource type - Journals
eISSN - 2542-3185
pISSN - 0798-1406
DOI - 10.46398/cuestpol.3971.56
Subject(s) - law , economic justice , ideal (ethics) , political science , civil law (civil law) , civil procedure , legal history , sources of law , sociology , comparative law , public law
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. The course of the work the following methods were used: essential, comparative, general historical.