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The evolution of legal proceedings in the Roman land registry

Journal: RUDN Journal of World History (Vol.17, No. 3)

Publication Date:

Authors : ;

Page : 275-285

Keywords : finis; locus; praetor; controversia; culta; inculta;

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Abstract

The relevance of this study is due to the fact that it is based on the analysis of a source that has not been sufficiently studied in Russian historiography - Corpus Agrimensorum Romanorum. Using a comprehensive method of historical research, the author reveals the evolution of legal proceedings in the Roman land registry. The purpose of the author is to trace the allocation of land in the archaic and pre-classical periods of the development of the Ius Civile in Rome, as well as to point out the changes in judicial proceedings that determined the course of its development in Roman agrimensura. The author came to the following conclusions that, starting from the period of Emperor Augustus, the forma plan of land surveying was worked out, which was a scheme of the most perfect system of field division - centuriation; and also that during the entire pre-classical period of the Ius Civile in Rome, elements of archaic judicial procedure were preserved: thus, locus forever retained the category of Publicus, except Moreover, the influence of archaism is manifested in how a compromise outcome of a dispute becomes the preferred solution to land conflicts. The formulary process, which based the evidence on the law of the magistrate, built the category of “segments from the boundary line” into the decision of the process of boundary claims based on the interdictum. Thus, the actiones finium regundorum group of claims was singled out, which completed the formation of Roman land law.

Last modified: 2025-10-08 05:30:09