Herald of Civil Procedure

We in a citing index:

The Doctrine of Procedural Objections and Procedural Prerequisites (finale)

Oscar Bulow,
Ordinary Professor of Civil Procedure
and the Roman Civil Law at the University of Giessen

In this section, we will focus on the preparatory stage of the Roman civil procedure. We can pleno jure refuse common phrases recurring in different variations that the procedure in jure served resolve the «legal issue», the definition of «appropriate legal provisions for the case under consideration» or achieve «recycling by the praetor material dispute», while the procedure in judicio devoted to «issue of fact», the study of the «real truth», etc. If in the process in jure eyes were blinded to the establishment of controversial relationships between the parties, the value and benefit for the subsequent course of the procedure would be very small. However, it is considered that in addition to registration stated claims in jure it was necessary to perform other remedial actions. The dichotomy of the Roman civil proceedings is based on domestic, qualitative differences of discussed procedural materials. It is based on the antithesis, in which half of factual circumstances of procedural relationships reduced to factual circumstances of the disputed material relationship. The first half, ie, procedural prerequisites, was an exceptional subject of an in jure preliminary review of the case and assessed by the court without any exception in full and final. For the main procedure, ie, in judicio, there was nothing for it but to consider and deliver a judgment concerning of the disputed material relationship. Also conclusions are made about the influence of Roman civil procedure on the German civil procedure.

Keywords: Roman civil procedure; history of civil procedure; preparation of a case; German civil procedure.

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Oskar Bülow