Conflicts in Roman Land Law in the Era of the Empire

The purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the im...

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Main Author: Inna Andreevna Gvozdeva
Format: Article
Language:English
Published: Peoples’ Friendship University of Russia (RUDN University) 2023-09-01
Series:RUDN Journal of World History
Subjects:
Online Access:https://journals.rudn.ru/world-history/article/viewFile/35943/22467
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author Inna Andreevna Gvozdeva
author_facet Inna Andreevna Gvozdeva
author_sort Inna Andreevna Gvozdeva
collection DOAJ
description The purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the improvement of land management. In the centuriation system the categories of land ownership and possession were most clearly defined. The task of this study is to show how in land disputes (controversies) there was a change of the archaic legal procedure to the formulary one, characteristic of the preclassical period. However, it is the analysis of controversies that reveals the peculiarity of Roman agriculture, in which the archaic features in legal proceedings not only persist for a long time but also linger until the classical period of Ius Civile. Such controversies as “de loco”, “de fine”, “de proprietate” were conducted using the archaic verb litigo (including the classical period). But at the same time, in the pre-classical legal proceedings the verb “ago” was introduced into the process. Though the combination of features of the archaic and formulary processes complicated the judicial process in land disputes, nevertheless, it retained all the characteristics of the ancient land law which was also important in the classical period of Ius Civile.
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spelling doaj.art-8fa2c954dba14a109df75254fbfd11dc2023-09-18T12:31:10ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of World History2312-81272312-833X2023-09-0115325826610.22363/2312-8127-2023-15-3-258-26621040Conflicts in Roman Land Law in the Era of the EmpireInna Andreevna Gvozdeva0https://orcid.org/0000-0001-6075-9033Lomonosov Moscow State UniversityThe purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the improvement of land management. In the centuriation system the categories of land ownership and possession were most clearly defined. The task of this study is to show how in land disputes (controversies) there was a change of the archaic legal procedure to the formulary one, characteristic of the preclassical period. However, it is the analysis of controversies that reveals the peculiarity of Roman agriculture, in which the archaic features in legal proceedings not only persist for a long time but also linger until the classical period of Ius Civile. Such controversies as “de loco”, “de fine”, “de proprietate” were conducted using the archaic verb litigo (including the classical period). But at the same time, in the pre-classical legal proceedings the verb “ago” was introduced into the process. Though the combination of features of the archaic and formulary processes complicated the judicial process in land disputes, nevertheless, it retained all the characteristics of the ancient land law which was also important in the classical period of Ius Civile.https://journals.rudn.ru/world-history/article/viewFile/35943/22467archaic processformulary processlegal proceedingspropertypossessioncenturiationcadastre
spellingShingle Inna Andreevna Gvozdeva
Conflicts in Roman Land Law in the Era of the Empire
RUDN Journal of World History
archaic process
formulary process
legal proceedings
property
possession
centuriation
cadastre
title Conflicts in Roman Land Law in the Era of the Empire
title_full Conflicts in Roman Land Law in the Era of the Empire
title_fullStr Conflicts in Roman Land Law in the Era of the Empire
title_full_unstemmed Conflicts in Roman Land Law in the Era of the Empire
title_short Conflicts in Roman Land Law in the Era of the Empire
title_sort conflicts in roman land law in the era of the empire
topic archaic process
formulary process
legal proceedings
property
possession
centuriation
cadastre
url https://journals.rudn.ru/world-history/article/viewFile/35943/22467
work_keys_str_mv AT innaandreevnagvozdeva conflictsinromanlandlawintheeraoftheempire