HIST-1106EL Study Guide - Quiz Guide: Aemilius Papinianus, Decretum Gratiani, Constantine Harmenopoulos
13 Nov 2020
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Subject to the ius civile were all inhabitant of rome who were roman citizens. The plebians wanted the law to be put in writing to : Increase their legal certainty: did not trust the patricians. Difference between legis actiones and formulary procedure : legis actiones, a formulae is the standard to bring a claim, formula procedure can be done with their own words, both consists of two separate phases. In the formulary procedure, the iudex can only order the payment of monetary damages (condemnatio pecuniaria) In the formulary procedure, the praetor was able to contribute to the development of the law by : bringing a claim via a new formulae. Not able to contribute to the development of the law by : formulating dissenting opinions, changing the edict within his year of office, giving new interpretations of the rules of law in the judgement. What rulings could the iudex pronounce in the formulary procedure : pay a penalty.
