Essay Example on The agreement between Titus and Caius









The agreement between Titus and Caius is enforceable This type of agreement is a contractus innominate which is a common agreement that falls outside of the main 8 contracts This can be specified as an exchange agreement party A gives party B something in return for something else This contract was presumably made by stipulation as it is the only way to make the agreement an enforceable deed We can also assume that the contract is based on bona fides good faith of both parties The stipulation is a very specific formulation to validate agreements It consists of a question with the specifics and an answer that answers the question exactly Titus should therefore initiate litigation per formula rei vindictio vindication Per Formulam is a two stages procedure introduced to increase efficiency and facilitate from the former one Legis actionem First stage in iure two parties appear in front of praetor and present their case and the praetor would fill in a standardized formula 

There would be a judge appointed with possibilities to give a judgement a claim demanded and presentation of the case It is also important to note that Caius is from Athens therefor we have to apply ius gentium the law that applies between a Roman citizen and a foreigner This does not however change the procedure it actually strengthens the reason for choosing per formula and not legis action as the plaintiff does not need to be there physically Legis actio being defined within certain types of claims as well as to whom it applies not to mention the risks of not going through to judgment if the action is not perfectly formulated and pronounced many inconveniences Question 2 220 words There would be a better and more suitable procedure to enforce the contract This being the cognito extraordinaria which consisted of a hearing outside of the courts and that did not have to fit any specific description There was no need for a formula nor to say it out loud Merely only requirement was to go to a governor a provincial state official whom acted on behalf of the Emperor with all facts and was one phased only a person being victim could start the procedure and had to be roman It was in the beginning only applied to roman citizens before it was applicable to foreigners too Caius 

This facilitated the procedure and many hoped it would profit them as the law could now be modified to a certain extend and adapted to each situation It is also important to note that there is no more lay man judge nonprofessional to have a professional judge meant increased accuracy and impartiality of judgment The procedures were now organized by the state as we have it in our own era As well as the possibility to appeal if there was not favourable judgment for Titus He could if he was not satisfied complain to the Emperor and have his case reviewed by him and receive a new judgment Question 3 173 words We can use one or the other Ius publice respondi can be defined merely as an honorary status as it had no formal value when it was instaured approximately between AD 14 38 It was probably Augustus or Tiberius whom started it It consisted of giving the right to jurists ius publice respondi the right to comment on the law This right was given by the emprors to certain praetors and jurists It was also a way the emprors believed that they would have an impact on the law in their favour any motivated candidate that would support the empror would easily be awarded the ius publice respondi On the countrary the knowledge men that stood for their opinions and whose conflicted with the empror would be easily set on the back scene of the law Because of that the reality was that it became common to use and follow their s ius publice respondi opinion rather than the normal jurists On those bases

I would consult with Antonius Ius publice respondi Question 4 184 words The first time AD 41 it is important that the praetor is popular we can say that the law is still being possible to form it and modify it at the will of the Emperor and his praetor with his edict order the praetors were using political tool with the praetors lists of objectives or laws This was modified and therefore we can say that in the second case it would not be so important if the praetor was popular The edict had become unchangeable to a certain extend and the praetor could not influence it as before After 250 AD there was no more iuris repondi publice but instead everyone could create and ask question rescripta whom would be answered by jurists of the Emperor responsa Over time more and more jurists would start to do it themselves and create responsa collections a form of commentary on the law These texts later became to constitute most of the digest later on these were of great importance and could be seen as epitome of the Roman law development under that time

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