Gorgieva, Dijana and NEZIR, Funda (2026) THE RIGHT TO LEGAL PROTECTION IN ROMAN LAW. In: INTERNATIONAL CONFERENCE “FROM RESEARCH TO APPLICATION”, 18-19 November, 2026.
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Abstract
Roman law never studied the legal nature of the right to legal protection in civil proceedings. The ratio for this is the fact that in Roman law there is no distinction between substantive and procedural law, nor between the substantive-legal categories of subjective and objective law. Roman law is built casuistically as a "system of lawsuits" that will cause a situation in the form to be drawn into the content of legal protection. This unity of the lawsuit (actio) and the law (ius) show its peculiarities in 1) legislative, 2) formulaic, 3) extraordinary and 4) Roman-canonical procedure and everywhere leads, although in different ways, to the same solution - the legal nature of the right to legal protection to be monistic. The aim of this paper is to explain the evolution of legal protection in Roman law and the legal nature of the right to legal protection in Roman civil procedure.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | Unnamed user with email zshi@unite.edu.mk |
| Date Deposited: | 10 Nov 2026 10:19 |
| Last Modified: | 10 Nov 2026 10:31 |
| URI: | http://eprints.unite.edu.mk/id/eprint/2696 |
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