Renunciation of the exceptio SC ti Velleiani in classical Roman law . – If the SC Velleianum was applicable to the intercessio by a woman, she received an exceptio SC ti Velleiani against the creditor. According to Paulus D. 16,1,31 and Pomponius D. 16,1,32,4 and hence classical Roman law, she was in a position to virtually renounce the defence by providing surety to either the debtor or the creditor. By this means, the woman was not any longer protected against her declared intention. Thus, the Roman jurists effectively reduced the risk for a woman not to find a contractual partner (Paulus D. 16,1,11), which was particularly decisive for a business woman.
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 2013
Keywords: Classical Roman law; intercessio ; SC Velleianum ; defence; procedural law
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