Omnis condemnatio pecuniaria
The situation was thus relatively simple and straightforward: whatever performance the defendant owed, he was invariably condemned into a
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specific sum of money.[3952] "Omnis condemnatio pecuniaria" was the general rule which dominated the formulary procedure[3953] and indirectly also exercised a significant influence on the rules of substantive Roman law (ubi remedium, ibi ins!).[3954] With the demise of the formulary procedure, however, the necessity of a condemnatio pecuniaria was bound to wane.
Cognitio, which developed under the Principate as a procedure extra ordinem,[3955] but soon became exclusive in post-classical times,[3956] was characterized by its lack of formality and by the prominent role attributed to the imperial jurisdictional official. He was the master of the trial from beginning to end, and the search for equitable solutions to the problems submitted to him was largely left to his discretion. This entailed that the judicial officer was no longer bound either to absolve or to condemn the defendant into the equivalent in money of what had been claimed. Judgment could be for less than the plaintiff had originally asked for,[3957] and it could also be for other kinds of performances than payment of money.[3958] [3959] The trend towards judicial decrees of specific performance was reinforced by the inflationary tendencies and the general decline of the economy during the 3rd and 4th centuries.1116 Where performance in specie was possible, it could, as a rule, be enforced by the creditor. Thus the defendant could, for instance, be condemned to transfer a specific object, to conclude a contract or to provide security. Execution of the judgment, too, became entirely State-controlled and aimed at providing the plaintiff with whatever performance was due to him under the judgment rendered in his favour.[3960]3.
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