Iudex, qui litem suam fecit
Iudex, qui litem suam fecit (for example: the judge who charged himself with the process ) denotes a breach of official duty by the judge ( iudex ) in the Roman process . Claims from official liability arose in the early Roman legislative procedure and later in the form process , when judicial misconduct, which was regularly a perversion of the law , led to one of the parties involved in the process being harmed.
Proof of judicial liability can be found in the late antique collection of laws of the Digest with a contribution that traces back to the high classic Gaius .
According to the Justinian Institutiones Iustiniani , the follow-up process, which had to turn against the judicial action, was based on a claim from a quasi-dictum . Quasi ex delicto , liabilities arose from behavior similar to a crime. These primarily included the popular lawsuits of the actiones de deiectis vel effusis and de posito vel suspenso . Formally, the action against the judge was equated with the type of criminal offense.
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 197.
- Heinrich Honsell : Roman law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 104.
Individual evidence
- ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 104.
- ↑ Gai. D 44,7,5,6.
- ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 197.
