Justice in the Middle Ages: the survival of inquisitorial principles and free production of evidence principles

Abstract

The object of this study is the survival of the principles that govern the onus probandi and the way they do it in classical and post-classical Roman law and in Spanish law; in particular, the inquisitorial principle in Visigothic law (Edict of Euric, Breviary of Alaric and Lex Visigothorum) and the principle of free production of evidence, from a structural point of view, in the medieval Valencian source: els Furs.

Keywords: Roman law; onus probandi; furs; Inquisitorial principle; unfettered evaluation of evidence; Visigothic law.