Roman Law and the Legal World of the Romans

Glossary EEE

Action. The term is used to describe both a particular proceeding (“The plaintiff in this action is Bob”) and the form of remedy in a general legal circumstance (“The law gives an action on sale, but not on barter”). Aedile. One of the lesser magistrates ( see below) in the Roman government who was in charge of (among other things) the markets. They produced an edict that contained some impor tant regulations for commerce. Agnate. Two persons descended through men from a shared male ancestor are called agnates. Roman law, especially in earlier times, tended to define families in terms of agnates. Alienate. To give up ownership of property, whether by gift, sale, or otherwise. Apud iudicem. “Before a judge.” The second phase of a Roman trial under the formulary procedure, in which the parties argued the specific facts of the case and a decision was rendered. Bonae fidei . “According to good faith.” The standard by which cases involving (among other things) consensual contracts were decided. The judge was given considerable flexibility to account for business conventions, special circumstances, and

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