Review article
https://doi.org/10.51650/ezrvs.19.3-4.7
Reconstruction Of The Lawsuit And The Response To The Lawsuit In Medieval Zadar In Relation To Regulation In The Roman Procedure And De Lege Lata
Viktorija Haubrich
; Faculty of Law, University of Mostar, Bosnia and Herzegovina
*
Goran Mijočević
orcid.org/0000-0003-1545-5254
; Faculty of Humanities and Social Sciences, University of Mostar, Mostar, Bosnia and Herzegovina
* Corresponding author.
Abstract
The paper examines the institution of the lawsuit in the context of its relationship with the defendant, from the very form and content of the lawsuit to its delivery to the defendant for a response, as well as the procedural and legal consequences of failing to submit a response. The aim of the research is to reconstruct the institution of the lawsuit and the submission of responses through the lens of litispendence and the adversarial principle in medieval Zadar, based on the court records of Zadar’s Curia maior ciuilium from the period 1358–1409. The paper first discusses the institution of the lawsuit in Roman procedure, enabling a comparison with how the content, form, delivery, and response to lawsuits were regulated in medieval Zadar’s civil procedure. Finally, it provides a de lege lata overview of the regulation of the relationship between lawsuits and responses in Croatian civil procedure.
Keywords
lawsuit; delivery; response to the lawsuit in Roman procedure; medieval Zadar; de lege lata.
Hrčak ID:
341537
URI
Publication date:
23.12.2025.
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