On the denegatio actionis, exceptio iurisiurando and the actio ex iure iurando
DOI:
https://doi.org/10.24067/rjfa7;18.1:1401Keywords:
denegatio actionis, exceptio iurisiurandi, actio ex iure iurando, necessary oath, res iudicataAbstract
In this article we analyse the various procedural means available to give effect to the necessary oath, once the dispute has been settled by means of this oath. Starting from the fundamental source D. 12.2.9 pr, we study the cases in which the denial of the action and the exception of the oath, as well as the granting of the actio ex iure iurando, were applicable. We will maintain that, in any case, the effects of the necessary oath depend on its content, which can be extended to typical cases.
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