Publication Date:
2022
abstract:
The essay makes a chronological recognition of mediation in Roman law: starting
with the prevailing role of the negotiating formalism in the archaic age we then
find, in the classical age, different figures of mediators, and then arrive, in the
postclassical and Justinian age, to the creation of a system of rules for drafting
documents. Each of these ages is characterized by a different balance between
the will of the parties, the function of mediation and the intervention of witnesses.
with the prevailing role of the negotiating formalism in the archaic age we then
find, in the classical age, different figures of mediators, and then arrive, in the
postclassical and Justinian age, to the creation of a system of rules for drafting
documents. Each of these ages is characterized by a different balance between
the will of the parties, the function of mediation and the intervention of witnesses.
Iris type:
Articolo in Volume
Keywords:
Notary; Mediation; Formalism; Document
List of contributors:
Pulitano', Francesca
Book title:
Mediazione notarile : Forme e linguaggi tra Medioevo ed età moderna