El testigo como medio idóneo y ocasión propicia para la producción de conocimiento en Derecho Romano

Abstract

We analyze in this work, forgetting excessively rigorous and aprioristic postures, if the statement of witness, in the process's sphere, it could constitute in the archaic Rome an instrument, although very rudimentary instrument, to achieve the publicity of the judicial facts, since the main probatory purpose of these declarations doesn't necessarily exclude the publicity function, but it can reconcile with this. It is necessary to add that the purpose of conservation of the proof and the authenticity of the act, in the face of the nonexistence of other instruments, it could be replaced from old by the presence of witness, where the publicity was not possibly the main objective, but indirectly it could reach some similar, or at least approximate effects..