
The article discusses the procedural function of the sententia interlucutoria in the learned civil procedure of the late middle ages. The sententia interlucutoria could have a process regulating as well as a process terminating effect. Primarily it served as a process ruling intermediate court order with the object to decide procedural problems. It could be as well a judicial decision refering to the admissibility of the law suit of referrring to subjects, which due to the lack of a litis contestatio could not be pronounced as a final judgement. They were called interlocutoria vim difinitivae habens, without forming a clearly defined group of cases. The sententia interlocutoria could affect the amin issue, but did not give judgment on the main issue. In contemporary legal literature it was very controversial, if and to what extent the sententia interlocutoria was revocable and if it could be subject to an appeal. That led to the question if the appealing party had to indicate a specific grievance.
340.law, Article
340.law, Article
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 2 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
