Litis Contestatio
idea · 1 work · 8 mentions · 12 anchored passages
litis contestatio · joinder of issue · Litis contestatio · Joinder of Issue · Joinder of issue · contestation · judicium ordinatum · res in judicium deducta
in the texts
Institutes of Roman Law
The formal joinder of issue between parties to an action, treated as a quasi-contractual landmark fixing the parties' rights and obligations.
Litis contestatio, joinder of issue between the parties to an action, another landmark of great importance in Roman jurisprudence in ascertaining and measuring the sanctioning rights and obligations of suitors, 3 § 180, comm.
Tollitur adhuc obligatio litis contestatione, si modo legitimo iudicio fuerit actum.
The extinction of an obligation is also effected by joinder of issue (litis contestatio), at least of a statutable action (judicium legitimum, 4 § 104).