About lawsuit pendency and res iudicata in roman actiones populares

Abstract

The paper deals again with the problem of identifying the extinctive and preclusive effects of the litis contestatio with regard to the specific category of the roman actiones populares. To this end, a new exegesis of the Iulianus’ fragment that we can read in D. 47.12.6 appears to show that the preclusive effect, with reference to the is cuius interest, is determined at the time of the litis aestimatio..