The Actuality of the Legal Procedures by which the Lender Intervened by Way of Authority for Certain Litigations

Emil Molcut and Ionuţ Ciutacu ()
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Emil Molcut: Ph.D, is Professor at the Faculty of Law of Bucharest University
Ionuţ Ciutacu: Lecturer at the Faculty of Juridical and Administrative Sciences, within “Dimitrie Cantemir” Christian University, Bucharest

Buletin Stiintific - Scientific Bulletin, 2012, vol. 21, 189-196

Abstract: The Roman private Law survived the period of time it was issued due to its utmost viability, as its norms provided juridical situations to be used in practice. These concepts are especially mentioned by the procedural norms of law, the only ones able to assure the recognition and the response to the requirements of the problems raised by the juridical reports. Besides, the Roman juridical system, in comparison to the modern one, establishes certain juridical procedures meant to facilitate the activity of the bodies specialized in the organization and evolution of the cases (practically able to assure the celerity in the evolution of the social relations) and allow the creation of the so-necessary socially equilibrium leading to the underlining of the idea of equity and to the consolidation of the idea of justice. As this society is visibly marked by contradictory interests of the various social and professional categories, a similar restitutio in integrum institution - mentioned in the Roman juridical texts only - will be necessary.

Keywords: Roman private Law; missio in possessionem; interdicta; Preatorian stipulations; restitutio in integrum (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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