Original scientific paper

Officium iudicis. Case Management in Romano-Canonical Procedure

Tomislav Karlović orcid.org/0000-0003-1846-1318 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

This paper concerns the powers given to the judge known under the term officium iudicis (deserviens) in the first, formative period of Romano-canonical procedure. It is emphasized that on the basis of Roman and canon law sources, legists and canonists, writers of ordines iudiciarii and ordines iudiciorum, gave judges rather wide competencies in case management. In addition to the actions and decisions judges could take to facilitate a speedy and cost-effective resolution of a case, the paper also expounds on the problems of supplere de iure and de facto and on the decision-making secundum allegata – secundum conscientiam, as well as on the issue of maintaining discipline in the courtroom. It is concluded that the problems of lengthy trials and party (advocate) abuses are a constant of civil procedure and that the contemporary efforts concerning active case management bear certain resemblance to the duties understood under the officium iudicis (deserviens) as envisaged by the writers of early procedural treatises.

Keywords

officium iudicis; officium iudicis deserviens; Romano-canonical procedure; case management

Hrčak ID:

216253

URI

https://hrcak.srce.hr/216253

Publication date:

31.12.2018.

Article data in other languages: croatian

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