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By Olga Tellegen-Couperus

Crucial production of the Romans used to be their legislation. during this booklet, Dr Tellegen-Couperus discusses the best way the Roman jurists created and constructed legislations and how within which Roman legislation has come all the way down to us. distinct awareness is given to questions reminiscent of `who have been the jurists and their legislation faculties' and to the shut connection among jurists and the politics in their time.

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CIVIL PROCEDURE In the course of its history Roman law has known three forms of civil procedure: the legis actiones, the formulary system and the 21 FROM MONARCHY TO EARLY REPUBLIC (–367 BC) cognitio extraordinaria. The periods in which these types of procedures were in use overlap to a certain extent; the legis actiones were generally used during the republic, the formulary system was in use from the second century BC to the third century AD and the cognitio extraordinaria was used in the empire.

Our knowledge of the contents is based on various juridical and literary sources, the oldest of which date from the late republic. However, the authors concerned, like Cicero, Gaius and Aulus 20 THE LAW Gellius, did not reproduce the contents in their entirety. They simply reproduced fragments that were relevant to their arguments, using a modernised form of Latin. Therefore we do not know how much of the text is missing and we do not know in what order the original clauses were arranged. 4 The fragments of the Law of the XII Tables which have survived show that its provisions related to the whole area of legal order at the time.

Some small farms survived along with the new latifundia. This was mainly because when military campaigns came to an end (small) plots of land were often allocated to veterans who had been honourably discharged from the army after twenty years of service. In the towns the economic development led to the setting up of all kinds of private businesses which specialised in making things or providing a service. Most of these businesses were run by free Roman citizens working for themselves or working as paid employees of the owner; some were run by slaves.

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