Pagrindinės teismo sprendimų vykdymo taisyklės romėnų teisėje

Abstract

Law of each new period is a stair on the way of progress when it is evaluated from the point of view of historical development.
However, in order to mount onto the new step it needs to be grounded by the achievements of the past. Consequently, it is necessary to be acquainted with the evolution of the modern civil process as well as an execution process in order to evaluate them. Today it is not surprising that the nation that no more exists by itself has leaved the main principles of contemporary civil process. Influence of the Roman law has not disappeared up to nowadays; a lot of its provisions exist today adopted into articles of effective laws of civil process. These are such principles as equality of humans, basics of justice, legal presumption, appeal, decision in absentia etc.; in execution process they are: suspension of execution, sale of debtor's property at the highest price - an auction. Before there appeared state courts, Roman nation had also undergone the period when the aggrieved had to fight with the infringer by himself. It is noted in legal literature that transition from personal execution to the state court proceeded in certain stages: first of all, the personal execution regulating system that established an order of applying compulsion towards infringer; then - the system of ransoms (voluntary and later obligatory); and the last was passing the defence of the infringed right to the state authorities. We think that the mentioned stages in general match known forms of Roman civil process - legis actiones, formulary trial (praetor's formula), and extraordinary process. An execution of judicial decisions has evolved together with those forms of trial. The modern character of execution process of judicial decisions has obtained at the last development stage of Roman civil process, i.e. in extraordinary trial. This is precisely that form of Roman civil process where executio personalis was totally eliminated and the exaction was directed to debtor's property. The role of the court in extraordinary process is no more limited only to announcement of the decision of the court. In order to execute the decision taken there is no more need to submit the new plaint and therefore to create the new legal relation. Decision of the court is considered an act of power and can be executed constrainedly with the help of authorities that forced the litigant to execute the decision of the court by administrative measures of compulsion. When evaluating the above mentioned forms of Roman civil process we have to recognize that execution of judicial decisions was considered a part of the civil trial though in legisactional and formulary processes execution of a decision of the court was not an integral part of the right to plaint. In these processes in order to execute a decision of the court the one needed to submit a new plaint. In an extraordinary trial the execution of a decision of the court becomes an integral part of dispensation of justice or a part of the right to judicial defence.