I frammenti tratti dal de Appellationibus di Macro in D. 49.1-13 e C. 7.62.6.3: qualche considerazione preliminare


Abstract


In C. 7.62.3, the Tetrarchs' edict of 294 on appeal, the third paragraph is very important: it issued a mechanism according which the judge, in presence of the decision of the subject condemned to death to resist to the sentence, was obliged to produce an opinio, to submit it to the reus, who could reply in writing through the libelli refutatorii, and finally to send all as a relatio to the higher court. Aim of the contribute is to understand if the law was an innovation, maybe connected with some special kinds of procedures, like that one called per relationem, or better the development of a process started during the Severians' age and reported in some fragments of the jurist Macer in the Digest.

Keywords: Appello avverso sentenze capitali; Macer; de appellationibus; procedimento per relationem; Appeal against capital sentences; process per relationem

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