Obligations in Classical Procedure

15 Pages Posted: 20 Feb 2009  

Ernest Metzger

University of Glasgow - School of Law

Date Written: February 20, 2009

Abstract

The civil law gave the praetor relatively few rules of procedure with which to manage a tribunal. Accordingly many rules of procedure were the product of the praetor's own active lawmaking. His lawmaking frequently took the form of actions and stipulations, which is to say, obligations. This essay describes a selection of law reforms where this was the case. The essay concludes with the suggestion that the praetor turned to more effective methods of enforcement, not because the older methods were poor, but because parties were more frequently turning to litigation for the adjudication of claims, and less frequently for simple arbitration.

Keywords: Roman law, Roman civil procedure, Legal history

Suggested Citation

Metzger, Ernest, Obligations in Classical Procedure (February 20, 2009). Available at SSRN: https://ssrn.com/abstract=1347066 or http://dx.doi.org/10.2139/ssrn.1347066

Ernest Metzger (Contact Author)

University of Glasgow - School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

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