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The decision

A distinction was drawn between two kinds of decisions, preliminary decisions (interlocutiones} and final judgements (sententiae definitivae}. Decisions were set down in writing,size=2 color=black face="Times New Roman">[1206] were formally recorded and were publicly announced.[1207] They were rendered in Latin or, from the end of the fourth century, in either Latin or Greek.[1208] After the judge's final verdict (sententia definitiva} had been pronounced, the party who lost the case was usually condemned to cover the court costs.[1209] Moreover, if the defendant was absolved, the judge could render a decision against the plaintiff if, in the course of the trial, it was proved that he was indebted to the defendant.[1210] After the publication of the decision, the plaintiff was barred from bringing another action against the defendant concerning the same object (de eadem re}, according to the principle that the same matter could not be litigated twice.[1211] Against such an action the defendant could raise an exceptio rei iudicatae - a defence based on the claim that the same matter had definitely been decided on in a previous trial.

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

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