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Aestimatio litis
(192 words)

[German version]

The principle of sentencing to a fine associated with formulary procedure (Gai. Inst. 4,48) made it necessary in civil procedure for all actions not aimed at a fixed sum to be expressed in money value. Both process and result of the estimate required for this are called aestimatio litis.; it was carried out by the judge, or sometimes by the plaintiff (iusiurandum in litem, estimate under oath of the amount involved). If the defendant refused to meet his duty of payment in kind, but instead paid the sum of the fine, the plaintiff finally lost …

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Paulus, Christoph Georg (Berlin), “Aestimatio litis”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 06 May 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e106310>
First published online: 2006
First print edition: 9789004122598, 20110510



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