Abstract

In the formulary system of classical law the praetor prescribed the form in which the issue should be submitted to the judex, in the sense that he approved the issues agreed by the parties. These issues would be embodied in a formula, but the praetor was under no duty to see that it correctly stated the dispute between the parties, and the possible defences. A judex having been appointed and the formula having been issued and accepted by defendant litis contestatio took place, and the parties were bound by the formula as by a contract. The judex was instructed or authorised to proceed in accordance with the formula.