Roman law became the foundation on which the legal systems of many countries were formed. It originates from the small city of Rome, which later turned into a powerful and great Roman Empire, which allowed the principles of Roman law to disperse throughout Europe. And let each country, each legal system perceive and use this property in its own way, many nuances, namely the conceptual-categorical apparatus, the main provisions and the legal system, are still preserved. An extraordinary process in Roman law occupies a considerable place as a type 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 famous Roman lawyers, plays a large role in the theoretical and cognitive significance of all Roman law. The main aspects of the process can be studied, thanks to many codifications, among which stands out the Code of Civil Legislation of 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 activity 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, legislative, formal and extraordinary.
Legislative process of Roman civil law
This type of process is the most archaic. He found his place in the Laws of the XII tables and then was the only one for trial. This form of the process takes its name from legislation actio, which means “legal grounds” - protection of rights through representation.
Analyzing the entire history of the civil
process, the Legislative can safely be called the toughest. The reason for this is that the role of formality is greatly exceeded. This perfectly shows the example of Guy, taken from the Justinian Institute: if a cow is called a cow, not an animal, then the lawsuit will not be satisfied, because it will not comply with the law, which deals exclusively with animals.
Formular 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 formular stage. After the legislative, this form allowed all civil law to “breathe” from the destruction of the framework of formality, which significantly influenced the development of all law.
The transition to a new stage finally strengthened the so-called praetor law, as a result of which the legislator was able to quickly respond to any changes in the legal system. The process itself was divided into two parts. The trial at the first stage ended with the creation of a formula-note written by the praetor, which indicated all the nuances of the case and had recommendations to the judge regarding the decision. The second stage took place immediately before the judge.
Extraordinary process in Roman law
The development of Roman law did not stop and was constantly in search of a form of process that would be distinguished by its maximum simplicity and undemanding. This process has become extra ordinem, or extraordinary. With the introduction of the principles of this process, the figure of a private judge disappeared, all claims began to be considered by one magistrate, and formulas and judicial contracts were faded into the background. The essence of the extraordinary process is revealed in the possibility of consideration and analysis of the case only with the participation of the plaintiff. For this, appropriate materials were needed.
Absenteeism 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 responsibility was to call the court on a certain day. If the defendant did not appear, then the case was not closed and settled without his participation, but the failure to appear in court of the plaintiff entailed the termination of the consideration of the issue.
The importance of an extraordinary process for the development of the right system
The extraordinary process in Roman law was a completely new stage in the development of the civil process of Rome. It was a new look at legal proceedings, which entailed many changes in the legal system. This form was characterized by a high degree of flexibility and the presence of communication with the administrative system. Thanks to an extraordinary process, the institution of absentee proceedings has appeared in the civil law system .
The case was no longer considered, going through two trials, and the decision on it was a decree of a state body, not a private judge. Along with this, the extraordinary process was more bureaucratic than the formal. The judge became a judicial official, and the speech on behalf of the emperor was the end of the case. This stage of 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 displayed on all facets of the legal system. The post-classical process is a form of the extraordinary modified as a result of state changes. The main difference from the classic look is the widespread use of written conduct of the process and, as a result, significant changes in the procedure for solving court cases. At this final stage of the Roman civil process, the concept of presumption also appeared, which meant that the judge might consider some facts insignificant unless the party interested in this proves the opposite.