An outline of the arbitral procedure in roman law (CROSBI ID 190244)
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Milotić, Ivan
engleski
An outline of the arbitral procedure in roman law
This paper briefly discusses key features of the Roman arbitral procedure. i.e. how the disputes and differences were procedurally handled in the Roman arbitration. It deals with procedural values pertinent to arbitrium boni viri and arbitrium ex compromisso because they were both predominately private proceedings. Furthermore, these two types of arbitrations are best documented in sources and were predominately present in the legal practice. The arbitral procedure is a field of Roman law that has not been systematically studied, which leaves unknown many aspects of how it operated in practice. The aim of this paper is to briefly examine arbitration’s modus operandi.
Arbitration; Roman law; culture of dispute resolution; handling the procedure; procedural values; dispute resolution
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