The Legis Actio Procedure
The legis actio procedure (literally, an action based on the law) was the earliest procedure known to Roman law. The principal characteristic of this procedure was the use of certain prescribed formal declarations and ritual acts, through which each party and the magistrate had to proceed.
These formalities originated in religious rituals, but were later embodied in laws. Some of the legis actiones were aimed at resolving disputes, while others were applied for the purpose of executing a judicial decision that had been pronounced in respect of a dispute.[440] But regardless of the purpose for which the legis actio procedure was applied, the formalities had to be strictly observed and the slightest deviation could nullify the whole procedure.[441] The legis actio procedure could accommodate only a limited number of cases and its exaggerated formalism did not allow for the possibility of bringing the growing number of new disputes within the sphere of law. Consequently, as Roman society advanced, this procedure gradually fell into disuse and a new flexible procedure based on writing, the formulary (per formulam) procedure, came into existence in the later republican epoch.3.6.2
Source:
Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. — 339 p.. 2015
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