Der praetor, der iudex und die Solidarobligationen

Abstract

Summary Praetor, iudex and solidary obligations. In broad terms, in a classical Roman lawsuit the praetor took care of the law, the iudex saw to the evidence and facts. On a closer look, things are not that clear-cut. In some cases, it was up to the iudex to discern the ius civile, and some questions cross the distinction between law and fact. This study concentrates on the realms of the praetor and the iudex by the example of solidary obligations. It turns out that there were inconsistencies both in the delimitation of competences and the results: Some questions were dealt with by the praetor in one action, by the iudex in another, and answered differently.