Die prozessuale Funktion der sententia interlocutoria im spätmittelalterlichen gelehrten Zivilprozess

• Autores: Steffen Schlinker
• Localización: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte.: Kanonistische Abteilung, ISSN 0323-4142, Vol. 127, 2010, págs. 152-185
• Idioma: alemán
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• Resumen

  • The article discusses the procedural function of the sententia interlucutoria in the learned civil procedure of the late middle ages. The sententia interlucutoria could have a process regulating as well as a process terminating effect. Primarily it served as a process ruling intermediate court order with the object to decide procedural problems. It could be as well a judicial decision refering to the admissibility of the law suit of referrring to subjects, which due to the lack of a litis contestatio could not be pronounced as a final judgement. They were called interlocutoria vim difinitivae habens, without forming a clearly defined group of cases. The sententia interlocutoria could affect the amin issue, but did not give judgment on the main issue. In contemporary legal literature it was very controversial, if and to what extent the sententia interlocutoria was revocable and if it could be subject to an appeal. That led to the question if the appealing party had to indicate a specific grievance.