Legal Encyclopedia. Letter T

CIVIL PROCEDURE -

(On Roman law) had the following characteristics:

1) the parties (plaintiff and defendant) must have taken part in the GP in person. In the course of judicial proceedings in the process of steel allowed representatives from among lawyers;

2) ensuring the defendant's appearance was assigned to the plaintiff, as the authorities can not force the defendant to act. The plaintiff had the right to detain the defendant and take him by force to the court;

3) consisted of the steps:

a) ius (production in iure) - was carried out before the consul, then before the praetor, at first only the city, then - Praetor Peregrine; This stage also held curule aediles. At this stage of the preparation for adjudication. If at this stage the defendant admitted the plaintiff's claims or if the magistrate found the plaintiff's claims as unfounded, further production was stopped and the judge makes a final

decision;

b) shsIssht (production shsIsyu t) be the basic stage of the civil process. At this stage check was carried out all the facts and adjudicate;

4) strict formalism GP in the initial stages of its development. In the future, the simplification of legal proceedings took place;

5) once filed a lawsuit could not be repeated by the same plaintiff against the same defendant.

The different periods of development of ancient Rome and comply with different types of G. P .: legisaktsionny, formulary and

extraordinary.