INTRODUCTION
It was explained in Chapter 2 that law starts off expressed in terms ofactions. Early law is merely a list of remedies for particular situations. The Institutional Scheme, however, involves the separation of the substantive rights given by the law from the procedures for their enforcement, and their classification as pertaining either to the law of persons or to the law of things.
What is contained in the “law of actions” in the Institutional Scheme, therefore, is the law of court procedure.As might be expected, the procedures used in Roman litigation changed over time. Three different forms of procedure existed. The earliest was the legis actiones procedure. This was replaced in the Republic by the formulary procedure, which was itself superseded in the Empire by the cognitio procedure.
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