The recusatio iudicis suspecti in the Roman Law and its historical fluctuations

Abstract

The recusatio iudicis suspecti constitutes a controversial figure, whose imprecise edges are not always well delimited. This work gets close to its Roman configuration, establishing some of its essential characteristics, which will doubtlessly constitute a fixed value in the successive regulations of the recusals of judges. We will equally show to the readers the historical vicissitudes that, after this Law, influenced the recusatio iudicis from the Visigothic Law to the Castillian legal system.

Keywords: Iudex; suspectus; recusatio; coniudex; appellation.