'Stipulationes Iudiciales' en el procedimiento formulario del derecho romano

Identifier:  TDX:3097

Handle: https://hdl.handle.net/20.500.11797/TDX3097

Authors:  Gómez Jordán, Albert

Abstract:
This research work focuses on “stipulationes iudiciales” as a legal-procedural category within the formulary procedure of Roman Law. The work is divided into three parts, the first of which examines the classification of Pomponius as set out in Pomp. 26 ad Sab. D. 45,1,5pr. and a general analysis of the procedural stipulations (“praetoriae” and “iudiciales”) is carried out; a second part is dedicated to the detailed study of the “stipulationes” or “cautiones” identified in the sources in relation to the actions in whose proceedings they could arise; and a third part analyses the formal basis of the judicial stipulations, with special reference to the “officium iudicis” of the “iudex privatus” and the role of the jurisprudence in relation to these procedural mechanisms. Finally, in the section devoted to conclusions, the category of “stipulationes iudiciales” is defined, the various types of “cautiones” are differentiated, the clauses of the formulas of the actions that would have enabled the judge to impose or facilitate a judicial stipulation are identified, and all this is projected in the role of the “officium iudicis” of the judge of the formulary procedure, taking into consideration the possible influence of the Roman jurisprudence on the heterogeneity of Roman judicial practice.