Extraordinary process in Roman law: essence and meaning

Roman law became the foundation on which the legal systems of many countries were formed. It starts from the small city of Rome, which later turned into a powerful and great Roman empire, which allowed to disperse the principles of Roman law throughout Europe. And let each country, every legal system in its own way perceive and use this property, many nuances, namely the conceptual-categorical apparatus, the basic provisions and the system of law have been preserved to this day. Considerable place is taken by an extraordinary process in Roman law as a kind of civil process.

Civil process of the Roman Empire

The Roman civil process, the history of the origin and development of which owes much to the well-known Roman jurists, plays a large role in the theoretical and cognitive meaning of all Roman law. The main aspects of the process can be studied, thanks to a multitude of codifications, among which stands the Code of Civil Law of the Emperor Justinian - Corpus juris civilis. The Roman civil process or, as it is also called, the Roman civil procedure, is the actual direction of the activities of the persons participating in the case and the court in general through the norms and principles of civil procedural law. The importance of the civil process in its forms, namely, the legitimation, formular and extraordinary.

The Legislation Process of Roman Civil Law

This kind of process is the most archaic. He found his place even in the Laws of the XII tables and then was the only one for the trial. This form of the process derives its name from legis actio, which in translation means "legal grounds" - protection of rights through representation. Analyzing the entire history of the civil process, the lexacion can safely be called the toughest one. The reason for this is that the role of formality has been greatly exceeded. This is perfectly illustrated by the example of Guy, taken from the Institution of Justinian: if a cow is called a cow, and not an animal, then the claim will not be satisfied, because it will not comply with the law, which deals exclusively with animals.

Formulary process in Roman law

The most perfect type of process at that time was an extraordinary process in Roman law, but before it was still a stage formular. After the legalization, this form allowed all civil law to "breathe" from the destruction of the framework of formalities, which significantly affected the development of the whole law. The transition to a new stage finally strengthened the so-called praetor law, as a result of which the legislator was able to react quickly to any changes in the legal system. The process itself was divided into two parts. Judicial proceedings at the first stage resulted in the creation of a note formula written by the praetor, which indicated all the nuances of the case and recommendations to the judge about the decision. The second stage was held immediately before the judge.

Extraordinary process in Roman law

The development of Roman law did not stop and constantly visited in search of a form of process that would be characterized by maximum simplicity and undemanding. This process was an extra ordinem, or extraordinary. With the introduction of the principles of this process, the figure of the private judge disappeared, all claims began to be considered by one magistrate, and the formulas and judicial contracts go to the background. The essence of the extraordinary process is revealed in the possibility of considering and analyzing the case only with the participation of the plaintiff. For this, relevant materials were needed. Non-appearance in court plays a role. This is due to the fact that the judge was not as important as in the previous forms of the process, and his main administrative duty was to challenge the court on a certain day. If the defendant was not, then the case was not closed and was examined without his participation, but the failure to appear in the court of the plaintiff entailed the termination of consideration of the matter.

The significance of an extraordinary process for the development of the right system

The extraordinary process in Roman law became a completely new stage in the development of the civil process in Rome. This was a new look at the legal proceedings, which entailed many changes in the legal system. This form was characterized by a high degree of flexibility and a connection with the administrative system. Thanks to an extraordinary process, the institute of trial in absentia appeared in the system of civil law . The case was not considered, passing two processes, and the decision on it was a decree of the state body, and not a private judge. Along with this, the extraordinary process was more bureaucratic than the formal one. The judge became a judicial officer, and the completion of the case was a speech on behalf of the emperor. This stage in the development of the Roman civil process revealed the main features of Roman law in the late period. The activity of the parties to the case and the very publicity of the process became limited, and authoritarian, bureaucratic began to increase.

Postclassical process

The collapse of the Roman Empire was reflected on all facets of the legal system. The postclassical process is a form of extraordinary, modified as a result of state changes. The main difference from the classical view is the wide use of written process management and, as a consequence, significant changes in the procedure for resolving court cases. At this final stage of the Roman civil process, the notion of presumption also arose, which meant that the judge could consider certain facts unimportant if the party interested in this did not prove the opposite.