ЗА ХАРАКТЕРА НА ВЪЗРАЖЕНИЕТО В РИМСКОТО ПРАВО

Abstract

In this paper are discussed some of the main questions of the nature of the Roman exceptio (objection), related to its place in the systems of private and public Roman law (ius privatum and ius publicum), besides in the systems of ius praetorium and ius civile. Therefore, are presented and interpretated different Roman texts, which are of great importance in respect to the current subject. The genesis and development of the exceptio determine its’ complicated structure, consisting of both public and private elements, which also follows the specific material-processual structure of the Roman actio.