In the Roman formulary procedure, exceptio (objection, literally ‘exception’) refers to a special defence plea by the defendant. It can refer to the trial as a whole, but its particular usage was as a corrective measure in an actio based on the ius civile. In the fomula, the exceptio appears as a negative conditional clause, which follows the plaintiff's claim summarized in the intentio , and precedes the condemnation formula ( condemnatio ). Worded as a negative condition for the condemnatio and thus an exception from the conditions for condemnation ─ the…
Exceptio(1,007 words)
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Krampe, Christoph (Bochum), “Exceptio”, 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 12 April 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e407730>
First published online: 2006
First print edition: 9789004122598, 20110510
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