Original scientific paper

Procuratoris Revocatio in the Law of Tripartitum

Henrik-Riko Held orcid.org/0000-0002-6217-2655 ; Faculty of Law, University of Zagreb, Zagreb, Croatia

Abstract

In this article the author analyses procuratoris revocatio in the law of Tripartitum of Stephen Werböczy, which provided for a recall of a statement, or any procedural action made by a procurator (proctor) in the proceedings. Firstly, he gives an account of the arrangement of procuratoris revocatio in the Tripartitum and presents all the relevant implications. Further, he outlines the main functions of procurator and advocatus in Roman law and the Roman legal tradition. After that, he deals with the possibility of recalling procedural actions made by them, specifically addressing revocatio (recall) in the context of procurators, and the rules regulating the recall of the advocate’s statements, both in Roman law and in Romano-canonical procedure. On this basis he gives a final evaluation of the relevance of the Roman legal tradition in the context of procuratoris revocatio in the law of Tripartitum.

Keywords

procurator; advocatus; procuratoris revocatio; error advocatorum; representation in civil procedure; Tripartitum; Roman law

Hrčak ID:

216256

URI

https://hrcak.srce.hr/216256

Publication date:

31.12.2018.

Article data in other languages: croatian

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