Enforcement law in ancient Rome

Abstract

The subject of this article is Roman enforcement law. It has undergone numerous changes and evolutions over the centuries, with differences evident in the approach to execution on the person and property of the debtor. These changes were the result of socio-economic as well as political demands that influenced the shaping and development of this system. After a period of harsh and brutal enforcement, physical punishment began to be eliminated and more humane, economic methods were introduced, allowing the creditor to seize part of the debtor's assets to satisfy their claims. Over time, special mechanisms were also developed to repair debtors' assets, which allowed them to settle their debts by means other than solely by way of security in rem. Roman enforcement law reached a higher level of development and maturity in the late imperial periods. Such developments led to greater protection of debtors and more effective safeguarding of creditors' interests. The epochal changes in Roman enforcement law on the person and property of the debtor reflected not only the changing moral standards of society, but also the result of the continuous development of the law. The purpose of this paper is to characterise Roman enforcement law. This law has played a vital role in the creation of modern legal systems, particularly civil law.

Keywords

• roman law
• enforcement proceedings
• execution on person
• execution on property
• lex poetelia
• roman trials