The sources of the procedural roman-canonical law before Clemens V

• Autores: Javier Belda Iniesta, Michela Coretti
• Localización: Glossae: European Journal of Legal History, ISSN-e 2255-2707, ISSN 0214-669X, Nº 16, 2019, págs. 50-76
• Idioma: inglés
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• Resumen

  • The re-elaboration of late-ancient procedural law, regulated in Justinian's Corpus, has engaged the schools of law during various centuries, ever since the Late Middle Ages. In the 12th century, the Roman law represented, for civil law experts, both a resource from which norms and institutions can be obtained and the impassable border of legal reflection. The intense normative activity of the Roman Pontiff, universal legislator of the ius commune, has considerably accelerated the renewal of the procedural law in utroque, also thanks to the fruitful collaboration of Peter’s successor with the most eminent professors of the European Universities. The aim of this study is to define the role of the canonical legislator in the procedure of elaboration of the Roman-canonical process, with particular attention to the normative interventions that led to the emergence of the summary procedure.