BREVI RIFLESSIONI SU “DENEGATIO ACTIONIS” E “NON LIQUET”: SPUNTI DALL’ESPERIENZA GIURIDICA ROMANA

In the constant comparison with the terms of contemporary legal experience, dominated by the criterion of separation of the powers of the State, the contribution aims to focus attention on the nomopoietic function associated with the jurisdictional activity of the Roman praetor and on the contribution to the adaptation of justice to the sense of fairness provided by denegatio actionis and the pronunciation of “non liquet”