The procedural mechanism of the exception in the Roman Right
Authorship
D.V.Z.
Bachelor's Degree in Law
D.V.Z.
Bachelor's Degree in Law
Defense date
02.19.2024 11:00
02.19.2024 11:00
Summary
In this thesis, the aim is to deal with the procedural mechanism of the exception, due to the capital importance it has both in the field of Roman Procedural Law and in Civil Law itself. Although for Roman law the exception was a simple manifestation in the procedural aspect, lacking significance in the civil field, unlike what happens nowadays. Once we have determined the framework in which the analysis of the exception will be primarily focused, which will be the formal procedure, we will try to find out what value it had and the position it occupied. Well, the formal procedure was born in the Republic, being the consequence of a political change, since the Law, understood as the fundamental tool of social organization and control of citizenship, is a vital instrument in any change of direction in politics. With regard to the concept, we can define it as that extraordinary part of the formula that served as a means of defense for both the defendant and the plaintiff, depending on who it was that requested it. Its function was not to deny the intentio, but simply to counteract it, to show that although the fact stated was true, there was a circumstance or fact that invalidated the plaintiff's claim or, in the event that it was requested by the plaintiff, to counteract that fact or circumstance that the defendant had previously bequeathed in order to invalidate the intentio. Once the request made by one of the parties has been analysed, it will be the praetor who decides whether or not to grant the plea. It is necessary to understand where the exceptions arise from, since the birth of this procedural mechanism is based on three sources: the pacts, the edicts and the laws.
In this thesis, the aim is to deal with the procedural mechanism of the exception, due to the capital importance it has both in the field of Roman Procedural Law and in Civil Law itself. Although for Roman law the exception was a simple manifestation in the procedural aspect, lacking significance in the civil field, unlike what happens nowadays. Once we have determined the framework in which the analysis of the exception will be primarily focused, which will be the formal procedure, we will try to find out what value it had and the position it occupied. Well, the formal procedure was born in the Republic, being the consequence of a political change, since the Law, understood as the fundamental tool of social organization and control of citizenship, is a vital instrument in any change of direction in politics. With regard to the concept, we can define it as that extraordinary part of the formula that served as a means of defense for both the defendant and the plaintiff, depending on who it was that requested it. Its function was not to deny the intentio, but simply to counteract it, to show that although the fact stated was true, there was a circumstance or fact that invalidated the plaintiff's claim or, in the event that it was requested by the plaintiff, to counteract that fact or circumstance that the defendant had previously bequeathed in order to invalidate the intentio. Once the request made by one of the parties has been analysed, it will be the praetor who decides whether or not to grant the plea. It is necessary to understand where the exceptions arise from, since the birth of this procedural mechanism is based on three sources: the pacts, the edicts and the laws.
Direction
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
Court
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)