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Rescript procedure
(222 words)

[German version]

This type of Roman trial developed from the reign of Hadrian (2nd cent. AD) as a special form of the civil inquiry of cognizance ( cognitio ). Its peculiarity consisted in the fact that the decisive legal issue (i.e. not also the correctness of the facts) was clarified in advance for the specific case by the princeps, by means of a written response ( rescriptum ) to the written enquiry of the party who would henceforth be the plaintiff, with the consequence that henceforth all that required examination was the correctness of the circumstances, …

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Paulus, Christoph Georg (Berlin), “Rescript procedure”, 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 16 May 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e1021460>
First published online: 2006
First print edition: 9789004122598, 20110510



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