Iuris sollemnitas in diocletian constitutions

• Main Author: Samir Aličić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2006-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: iuris sollemnitas; Diocletian; form; legal work; formalism in lavo; imperial rescripts
• Online Access: http://hrcak.srce.hr/file/59493

In this paper the meaning of the expression iurus sollemnitas in Diocletian constitutions is discussed as is the understanding of the form of legal work from the Diocletian lawyers perspective as well as some changes which occurred in the matter of form at the end of the classical and the beginning of the post-classical period of the development of Roman law. luris sollemnitas in Diocletian rescripts means a strictlv determined, that is, formal form of a legal act which, from the legal order point of view, is stipulated as compulsorv. Diocletian's understanding of the form is rational; the form is treated as a means for attaining various legal and other aims. As far as changes in the rules on form are concerned, Diocletian's law is characterised by the disappearance of ritualised, archaic forms, the giving of greater legal importance to legal public forms and an increase in the factual meaning of the written form which the imperial office still refused to acknowledge as always valid.