Evolutive development of civil procedure in Roman law

Abstract

In this article, the author analyzes the entire course of civil procedure in Roman law, starting from the legis actio proceeding to the last extra ordinem proceeding. Relying on this analysis, the author points out that the last extra ordinem proceeding played a crucial role in the development and regulation of the contemporary civil procedure. In the course of its development, the Roman civil procedure had three distinct forms: legis actio proceeding, formulary proceeding and extra ordinem proceeding. In this paper, the author elaborates on all three forms of Roman civil proceedings and highlights their basic features. On the basis of the overall analysis, the author concludes that the last phase in the Roman civil procedure (the extra ordinem proceeding) is important for the subsequent developments in the contemporary law. In particular, the author analyzes the procedural instruments used in providing relevant judicial protection of individual rights. In that context, the author underscores the fact that the origin of the contemporary civil procedure and the fundamental procedural instruments for safeguarding individual rights are deeply rooted in Roman law.

Keywords

• Roman civil proceedings
• legis actio proceeding
• formulary proceeding
• extra ordinem proceeding
• procedural instruments