Res iudicata pro veritate accipitur w rzymskim procesie cywilnym

Abstract

The article attempts to analyze the meaning of the principle of res iudicata pro veritate accipitur in the Roman civil procedure. According to Roman law, once a final judgment was handed down in a lawsuit, it was considered to be truthful and this correspondence was supported by a legal presumption. The truth could correspond to reality (material truth) or emerge from the evidence gathered in the course of a legal case (formal truth). The purpose of the court’s activity in a civil procedure is to find the truth and, consequently, to render a fair court judgment.