Lex Aebutia de formulis
The Lex Aebutia de formulis was a Roman law that passed between 149 and 125 BC. Was introduced into the popular assembly . Neither the content nor the applicant is known. All that has been documented is that the praetor was allowed to act as court magistrate according to the practice of forms. The law changed the procedural framework, because the legislative action procedure was replaced by the form process .
Gaius stated in his institutions that procedural law with legislative actions had been too complicated for the people to be upheld. The subtle formalized exchanges of the process type would have overwhelmed the people. The selection of the correct type of complaint also led to avoidable process errors, because the smallest mistake would inevitably have meant “defeat” in the process. The resulting social injustice could only be eliminated by abolishing the old type of civil law.
Max Kaser believed that the lex on kondiktorische have limited action from loans ( actio certae creditae pecuniae ) and charge legal was blank.
swell
- Gaius , Institutiones 4, 30.
- Aulus Gellius , Noctes Atticae 16, 10, 8.
literature
- Jochen Bleicken : Lex publica: Law and Justice in the Roman Republic , Walter de Gruyter, Berlin a. a., 1975, ISBN 3-11-004584-2 , p. 414.
- Max Kaser : "Ius honorarium" and "ius civile" . In: Journal of the Savigny Foundation for Legal History , Romance Department 101 (1984), pp. 1–114.
Individual evidence
- ↑ Max Kaser: Roman legal sources and applied legal method. in: Research on Roman Law Volume 36. Verlag Böhlau, Vienna, Cologne, Graz, 1986. ISBN 3-205-05001-0 . P. 98.