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Rímskoprávne princípy v súčasnom
civilnom procese
Principles of Roman
law in contemporary civil proceedings
Doc. JUDr. Bronislava
Pavelková, PhD., Faculty of Law of Pan-European University
Právny obzor, Volume 103, 2020,
No. 1,
pp. 42 – 52.
Published online: 31.8.2021
Abstract. The
contribution evaluates the application of the Roman law principles of the trial
to the current Slovak procedural codes – Civil Dispute and Civil Non-dispute
Code. It focuses on finding out whether those principles have been taken into
our regulations and, if so, in what form. It is an interesting probe into both –
in the Roman procedural law and in the current form of the Slovak civil process,
especially with regard to the fact, that Roman law sought justice, decency and
morality in procedural and substantive law as well. What is currently the main
interest of the Slovak court proceedings? Is it a searching for justice, or have
other priorities prevailed? Even in creating these (relatively) new Codes, the
traditional struggle of natural and positive law was fought. The article
evaluates the outcome of this fight (quite critically).
Key words: civil
proceeding, principles of civil procedural law, equity, system of values, moral,
ethics, bona fide
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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