The editio rationum of the argentarius and its similarity with current banking certifications and extracts, from a probatory point of view

Abstract

The value of the editio rationum del argentarius as evidence in the different processes of Roman law is examined in this paper, comparing it with the value of current banking documents of standard use in civil proceedings, particularly banking certifications and extracts. To do so, we first differentiate between sources and means of evidence, editio-codex rationum, their parallels with current means of evidence, and their value as documental evidence. We therefore go on to conclude that neither the sources of evidence nor the means of evidence are a numerus clausus. The documental sources and formats vary and will continue to vary in the future, and the means of evidence should be adapted to them, with the result that the most important aspect is to know which principal procedures we wish to apply and whether we can, with those procedures, defend individual liberty and the procedural protection of their subjective rights..