Latin
1.9 to 1.20
Roman Law and Society, here 1.9-20
Not analysed yet
*cognitio extra ordinem -a proceeding before an imperial magistrate rather than before the praetor and iudex . It replaced the classical formulary system in the 3rd century A.D. **condictio -a type of action alleging a debt without specifying the precise basis of the claim. It was available in both contractual and quasi-contractual claims. *constitutio -general term for imperial legislation of all types. *conubium -the right to contract a civil law marriage, possessed generally only by Roman citizens. *curator -guardian for young persons over the age of puberty and under 25; and for the insane and the spendthrift. *cursus honorum -the chain of offices in the political career at Rome: quaestor, aedile, tribune, praetor, consul, censor. **deportatio -perpetual banishment, the most severe form of exile involving confinement at a fixed location, confiscation of property, and loss of citizenship. dolus -trickery, fraud. *edictum -a proclamation of a magistrate. The praetor's Edict in particular contained the various formulae for causes of action he intended to recognize during his tenure of office. The Edict became standardized and was given final form in the Edictum Perpetuum issued by Iulianus under the emperor Hadrian. It formed the basis of the ius honorarium . *emancipatio -voluntary release from the patria potestas ,breaking the agnatic relationship and conferring independence (sui iuris )on the person involved. exceptio -a clause of defense allowed by the praetor in a defendants response under the Formulary system. *Formulary system -civil procedure introduced in the mid-Republic and continuing until the 3rd cent. A.D. (when it was superseded by cognitio system). The procedure was introduced by the praetors, who required the parties to formulate the issues in a case by a formal statement (formula ),which was then passed on to the iudex for a determination of the facts. The various kinds of formulae recognized by the praetor would be set forth in his Edict.