СРАВНЕНИЕ НА РИМСКОТО ПРАВО С ДЕЙСТВАЩОТО ПРАВО И ПОЗИТИВНИТЕ МЕТОДИ ЗА УПРАВЛЕНИЕ НА КОНФЛИКТИ

• Published in: Ius Romanum (Sofiâ) no. 2; pp. 514 - 527
• Main Authors: Perez, Gema Vallejo, Morán Astorga, María Consuelo
• Format: Journal Article
• Language: Bulgarian; English
• Published: Sofia University »St. Kliment Ohridski 2020; Софийски университет »Св. Климент Охридски
• Subjects: Administrative Law; Canon Law / Church Law; Civil Law; Commercial Law; Constitutional Law; Court case; EU-Legislation; Law, Constitution, Jurisprudence; conflict management; Roman law; negotiation; mediation; arbitration; ADR
• ISSN: 2367-7007

Alternative procedures to the judicial way existed in the Roman Law to solve controversies; many of them emerged in the family environment and in the business world. At present, through Mediation, Negotiation and Arbitration (Alternative Dispute Resolution – ADR), more favorable agreements can be obtained for the interests of both parties. In addition, these ADR methods protect privacy and avoid distress that damage the health and destroys the future relationships between the parties. The objective of this work was to compare the alternative strategies existing in the Roman Jurisdiction with the ADR methods used at present. This meta-analytical study consisted in the bibliographic revision of roman documents to compare them with the sources of current Law. The results inform that, in both, Roman Law and Current Law, alternative strategies like ADR, offers important advantages to the judicial way. They can be highlighted: the preservation of privacy, the good reception of the resolution by the parties, a more positive management of emotions, and a preservation of good relations between the parties. Both in Roman times and in our times, these aspects have special relevance in the field of the family and also in private businesses.