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Beyond DogmaticsLaw and Society in the Roman World$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2007

Print ISBN-13: 9780748627936

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748627936.001.0001

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Lawsuits in Context

Lawsuits in Context

Chapter:
(p.186) (p.187) 10 Lawsuits in Context
Source:
Beyond Dogmatics
Author(s):

E Metzger

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748627936.003.0036

The study of Roman civil procedure has benefited enormously from the discovery of the Murecine archive, a collection of first-century documents belonging to a banking family in Puteoli. This chapter discusses two pre-trial matters — iusiurandum and the appointment of cognitores — which have been affected by a misinterpretation of parties' ‘promises to reappear’. Then follows a more general discussion of the postponement procedures, deduced with the considerable aid of the Murecine archive.

Keywords:   pre-trial, iusiurandum, cognitores, Roman civil procedure, Murecine archive

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