Abstract

One finds frequent statements that interim remedies were unknown in Roman law; but these statements are coupled with the qualification that prompt protection of endangered interests in certain cases was not an idea foreign to the Roman legal system 2). The truth seems to be that Roman law in this respect does not contain a broad general principle of procedural law that whenever rights are jeopardized pendente lite an interim remedy is available, as in German and Austrian law, but is casuistic, like modern French and Hungarian law, affording protection only in certain specified cases. Before examining these, it will be useful to glance at the Roman judicial system and observe the function of the praetor therein during the classical period.

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