Original scientific paper
https://doi.org/10.21857/y7v64t0rqy
Procuratores and Advocati in the Documents of Notary Public Thomasinus de Savere (1277-1286)
Henrik-Riko Held
orcid.org/0000-0002-6217-2655
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
After an outline of the development of the procurators and advocati in Roman law and Roman legal tradition, they are traced in the documents of Thomasinus de Savere, a sworn-in notary public (notarius iuratus) and cancellarius (scriba) in Dubrovnik (Ragusa) from 1277 to 1286. In the central part of the analysis, data on the procurators and advocati derived from Tomasinus’ notary practice are presented for the first time (number of documents, different functions, etc.). With regard to the procuratores, the main elements of the formula from the documents are compared to the most important formularies from the thirteenth century. The second part focuses on the advocati, who were principally elected to that post by the city authorities, but the parties apparently sometimes chose advocates different than those. In addition, a certain number of advocate were also known to act as procurators or judges, suggesting diffusion of practical legal knowledge in particular circles. Overall, the documents
of the notary public Thomasinus de Savere reflected the procuratores and advocatias they were instituted in Roman law. More to the point, his documents mirrored the status of the current legal framework, slightly lagging behind the most developed cities of northern Italy, yet keeping pace with the communes of the eastern Adriatic.
Keywords
procurator; advocatus; representation; Thomasinus de Savere; notary public; Dubrovnik; 13th century; Roman law; Roman legal tradition
Hrčak ID:
247030
URI
Publication date:
20.11.2020.
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