EDICTVM AEDILICIVM
DE PRAECEDENTIA EDICTA COMMERCIALIA CONFIRMANDA
In accordance with the Constitution of Nova Roma, we, G Fabia Livia
and L Iulius Sulla, Aediles Curules for the current year, confirm
and promulgate the following Edicta issued by the past Aediles
Curules Gn Iulius Scaurus and M Iulius Perusianus:
EDICTUM AEDILICIUM DE LEGIBUS PAREUNDIS IN REBUS COMMERCII
EDICTUM DE INTERDICTO RESTITUTORIO PER FORMULAM ARBITRARIAM
EDICTUM AEDILICIUM DE COMMERCIO IUSTO
Follows the complete text of the mentioned Edita.
EDICTUM AEDILICIUM DE LEGIBUS PAREUNDIS IN REBUS COMMERCII
Since violation of macronational law in a venue sponsored or
operated by Nova Roma opens the republic and corporation to the
possibility of legal action for abetting that violation, the Aediles
Curules are compelled to protect the republic and the corporation by
ensuring that such violations cease immediately on determination
that they have occurred.
Therefore,
I. To meet macronational legal requirements vendors in Nova
Roman venues in the United States of America who take orders by
surface mail, email, or telephone are required to comply with the
Mail and Telephone Merchandise Order Rule of the Federal Trade
Commission. The text of the rule and guidelines for compliance are
provided by the Federal Trade Commission at:
http://www.ftc.gov/bcp/conline/pubs/buspubs/mailorder.htm
II. In the event that the Aediles Curules receive a complaint of
noncompliance with this rule by a vendor under their authority and
the Aedilician Court in accordance with the Edictum do Commercio
Iusto should find that the rule has been violated, the violator's
privilege of advertising in the Macellum will be suspended
immediately for a period of one year, a request will be placed
before the Censores for removal of the violator from the Ordo
Equester, if applicable, and for a nota depriving the violator of
the rights of commercium (carrying on business in NR venues),
honores (holding office, including senatorial rank), and suffragium
(voting in Comitia) for one year, and the Federal Trade Commission
will be informed of the violation.
III. Like all judgments of the Aedilician Court in accordance
with the Edictum de Commercium Iusto, a judgment under this edictum
shall be subject to appropriate intercessio and appeal to the
Comitia Populi Tributa. Notice of appeal must be received within
seventy-two hours of publication of the judgment.
IV. This edictum takes effect immediately.
EDICTUM DE INTERDICTO RESTITUTORIO PER FORMULAM ARBITRARIAM
I. Arbitration for Commercial Disputes
A. Aedilician Jurisdiction
1. Whereas the Constitution of Nova Roma, IV.A.4.e, endows the
Aediles Cururles with the power and obligation "to maintain the
venues where the Ordo Equester are engaged in commerce, within Nova
Roma property," the Aediles Curules assume jurisdiction over
commercial disputes arising from transactions between Nova Roman
citizens and peregrines on Nova Roman property, at Nova Roman
events, or through the Macellum;
2. Whereas the Constitution of Nova Roma, IV.A.4.b, endows the
Aediles Curules with the power and obligation "to administer the
law," the jurisdiction of the Aediles Curules over commercial
disputes as specified in I.A.1 of this edictum shall include the
establishment of tribunals to arbitrate such disputes and the
issuance of interdicta restitutoria per formulam arbitrariam to
resolve them;
3. Whereas the Constitution of Nova Roma, IV.A.4.a, empowers
and obliges the Aediles Curules "to hold imperium," the procedures
of arbitration specified in this edictum shall have the force of law
and default or defiance thereof shall constitute obstruction of
justice.
B. Requirement of Arbitration Agreement
1. The actor of an arbitration must execute an agreement to
accept binding arbitration and submit it at the time of the request
for arbitration.
2. The reus of an arbitration must execute an agreement to
accept binding arbitration and submit it at the time of the reply to
the request for arbitration.
3. The text of the agreement to accept binding arbitration is
found in Appendix I of this edictum.
C. Definition of Terms
1. Arbitration. Arbitration is a form of interdictum
restitutorium per formulam arbitrariam. It consists of a binding
agreement between parties to place their commercial dispute before
an Aedilis Curulis for resolution by a tribunal of arbitri appointed
by the presiding Aedilis Curulis and to abide by that resolution
permanently and entirely.
a. Arbitration is a form of interdictum restitutorium because
its determination forbids the illicit transfer of possession of
something of value from one party to another, voiding the commercial
transaction, and restoring the status quo ante the dispute,
compensating by award such parties as may have been injured by the
status quo post.
b. Arbitration is per formulam arbitrariam since it entails
determination by a tribunal of arbitri rather than a quaestio of
iudices, requires no sponsio, and its determination does not result
in criminal sanction.
2. Criminal sanction may arise from default or obstruction of
justice in the arbitration process.
3. Presiding Aedilis Curulis. The presiding Aedilis Curulis is
the Aedilis Curulis to whom the instant request for arbitration has
been presented; the presiding Aedilis Curulis must cede the right to
preside to his Aedilician colleague in the event of a demonstrated
conflict of interest involving himself and the parties when either
Aedilis Curulis judges that such a conflict exists.
4. Party
a. A party is a person or group of persons who have a dispute
with another person or persons over a single commercial transaction.
i. A single commercial transaction may involve multiple objects
or purchases possession of which is taken at the same time.
b. Only citizens of Nova Roma, members of the Ordo Equester,
vendors on Nova Roman property, at Nova Roman events, or through the
Macellum, and peregrines who have executed an agreement to binding
abritration (Appendix I of this edictum) may be a party to a request
for arbitration or reply to a request for arbitration.
i. An actor may refuse to execute an agreement to binding
arbitration, but in such cases the presiding Aedilis Curulis shall
refuse the request for arbitration with prejudice.
ii. A member of the Ordo Equester may refuse to execute an
agreement to binding arbitration. However, on such refusal the
presiding Aedilis Curulis shall notify the Censores and request
entry of a nota indicating the refusal. Such a refusal shall result
in termination of the arbitration process.
iii. A vendor on the Macellum may refuse to execute an agreement
to binding arbitration, but the presiding Aedilis Curulis shall
require the Curator Araneum to post a report of the refusal in
connection with the vendor's advertisement in the Macellum
permanently. Such a refusal shall result in termination of the
arbitration process.
iv. A vendor on Nova Roman property or at Nova Roman events may
refuse to execute an agreement to binding arbitration and shall be
refused permission to vend at the above specified venues. Such a
refusal shall result in termination of the arbitration process.
v. Execution of an agreement to binding arbitration does not
preclude pursuit of praetorian and/or macronational remedies for
offences specified in I.E of this edictum.
c. The party who submits the request for arbitration is the
actor;
d. The party against whom the claim is lodged in the request
for arbitration is the reus.
5. Arbiter. An arbiter is a fair and impartial determiner of
fact, appointed by the presiding Aedilis in accordance with III.A
and B and IV.A of this edictum. No person shall be an arbiter who is
not assiduus at the time of appointment and through the final
determination of the arbitration.
6. Tribunal. A Tribunal is a panel of three arbitri who shall
hear evidence and make a final determination of the arbitration by
majority vote.
7. Pignus.
a. The pignus is a surety provided by each party. The pignus
may consist of the disputed property or a sum of money equal to the
value of the requested award.
b. The award shall be paid from the pignus.
c. In extraordinary circumstances in the interest of justice
and with the concurrence of both the presiding Aedilis Curulis and
his aedilician colleague, the requirement of a pignus may be waived
by the presiding Aedilis Curulis.
d. The pignus of each party shall be safeguarded by the
quaestor of the presiding Aedilis Curulis.
e. In the event of termination of the arbitration by the
presiding Aedilis Curulis for any reason except default or
determination, the pignus of each party shall be returned to each
party.
f. In the event of default the pignus of the defaulting party
shall be given to the non-defaulting party and the non-defaulting
party's pignus returned.
D. Confidentiality.
1. All arbitrations, excepting the deliberation of the arbitri,
shall be a matter of public record.
2. Parties to the arbitration and their witnesses, and the
arbitri must waive their right to confidentiality under the Leges
Cornelia et Vedia de Privatus Rebus.
3. The presiding Aedilis Curulis shall ensure that a permanent
record is kept of all official correspondence pertaining to
arbitrations and that a record of hearing and determination is
prepared and issued at his direction.
E. Default Praetorian and Macronational Jurisdiction. Any
request for arbitration which alleges a Nova Roman or macronational
criminal offence shall be rejected by the presiding Aedilis Curulis
and referred by default to praetorian jurisdiction and macronational
authorities for appropriate action. The presiding Aedilis Curulis
shall also inform the Consules of such referral in timely fashion
and, through them, the Senate.
II. Communications, Time Periods, Prohibited Dates, and Place of
Arbitration
A. Methods of communication. Surface mail, mail, telefax, and
telephonic conference are permitted methods of communication except
as indicated below. Hearings shall be conducted by email, telephonic
conference, or physical meeting. The means of communication not
specified below for procedures shall be determined from the above
list by the presiding Aedilis Curulis.
B. Time period. A nundinum shall be reckoned as a period of
eight days inclusive.
C. Prohibited Dates. No business pertaining to arbitration
shall be conducted on a dies nefastus. If business pertaining to
arbitration is accidentally conducted on a dies nefastus, the
business must be conducted anew and an expiation performed as
recommended by the Collegium Pontificum.
D. Place of Arbitration. The electronic or physical venue of
hearing and deliberation shall be determined by the presiding
Aedilis Curulis after consultation with the parties and their
advocati.
III. Procedures for Filing for Arbitration
A. Request for Arbitration
1. Any party, as defined in I.C.4 above, to a commercial
transaction may file a request for arbitration by written
communication to the presiding Aedilis Curulis. The requesting party
shall be termed the actor. Such a request must contain the following
information:
a. Names, addresses, email, telephone and/or telefax of all
parties and witnesses;
b. Designation of the actor's advocatus, if any;
c. A brief description of nature and circumstances of the
dispute and the actor's claim;
d. A brief statement of relief sought and amount, if any,
claimed;
e. A signed agreement to accept binding arbitration; the signed
agreement must be sent by post to the presiding Aedilis Curulis (the
form of the agreement must be that found in Appendix I of this
edictum);
f. Names, addresses, email, telephone and/or telefax of two
arbitri proposed by the actor.
g. The disputed propery or check or international money order
in the amount of the pignus, if required; the financial instrument
for the pignus must be sent by post to the presiding Aedilis
Curulis;
h. The oath of the actor in Appendix II of this edictum.
2. The presiding Aedilis Curulis shall acknowledge in writing
receipt of the request for arbitration from the actor;
3. The aedilis shall forward a full copy of the request for
arbirtration to the reus within one nundinum of original receipt of
the request.
4. If any of the material required in III.A.1 is absent from
the request for arbitration, the request shall be dismissed without
prejudice. Five copies of all the material required in III.A.1 shall
be submitted at the time of request.
5. The presiding Aedilis Curulis may refuse to accept a request
for arbitration on grounds of jurisdictional incompetence, defect of
law, or inconsistency with reason. The presiding Aedilis Curulis
shall inform the actor of the refusal and its grounds within one
nundinum of receipt of the request for arbitration.
B. Reply of Reus to the Request for Arbitration.
1. The reus shall have two nundina from the date of
transmission or postmark of the forwarded original request for
arbitration to reply to that request. The reply to request must be
by written communication to the presiding Aedilis Curulis and
include:
a. Names, addresses, email, telephone and/or telefax of all
parties and witnesses;
b. Designation of the reus' advocatus, if any;
c. A brief description of nature and circumstances of the
dispute and reply to the actor's claim;
d. A signed agreement to accept binding arbitration; the signed
agreement must be sent by post to the Curulis Aedilis (the form of
the agreement must be that found in Appendix I of this edictum);
e. Names, addresses, email, telephone and/or telefax of two
arbitri proposed by the reus;
f. The disputed property or a check or international money
order in the amount of the pignus, if required; the financial
instrument for the pignus must be sent by post to the presiding
Aedilis Curulis;
g. The oath of the reus in Appendix II of this edictum.
2. The presiding Aedilis Curulis shall acknowledge in writing
receipt of the reply to request for arbitration from the reus.
3. The aedilis shall forward a full copy of the reply to
request for arbitration to the actor within one nundinum of receipt
of the reply to the request.
4. A continuance of no more than two nundina may be granted by
the presiding Aedilis Curulis for compliance with III.B.1.
5. If the reus declines to participate in arbitration, the
presiding Aedilis Curulis shall deny the request for arbitration.
6. If the reus accepts arbitration and if any of the material
required in III.B.1. is absent from the reply to the request, the
reus shall be held to be in default. Five copies of all the material
required in III.A.1 shall be submitted at the time of request.
C. Upon receipt of the reply to request for arbitration the
presiding Aedilis Curulis shall initiate the procedures of
arbitration within two nundina and notify the parties thereof.
IV. Procedures of Arbitration
A. Appointment of Arbitri and Default Appointment
1. Upon notification that arbitration has been initiated by the
presiding Aedilis Curulis, the actor may preemptorily challenge one
of the reus' arbitri; notice of challenge shall be communicated to
the presiding Aedilis Curulis.
2. Upon notification that arbitration has been inititated by
the presiding Aedilis Curulis, the reus may preemptorily challenge
one of the actors' arbitri; notice of challenge shall be
communicated to the presiding Aedilis Curulis.
3. The presiding Aedilis Curulis shall appoint the unchallenged
arbitri of the actor and reus arbitri on a tribunal to hear,
deliberate, and determination the outcome of the arbitration. If no
arbiter is challenged, the presiding Aedilis Curulis shall select
one from each submitted panel.
4. The presiding Aedilis Curulis shall appoint an impartial and
independent third arbitrator of his selection to service as arbiter
on a tribunal to hear, deliberate, and determination the outcome of
the arbitration.
5. In the event that a arbiter duly appointed for the actor or
reus shall be unable to perform his duties before commencement of
the hearing, the presiding Aedilis Curulis shall appoint an
impartial and independent replacement of his selection.
6. If the actor and/or reus shall refuse to accept any
appointment of arbiter to the tribunal, the refusing party/parties
shall be held in default.
7. If, the hearing having commenced, a arbiter is unable to to
perform his duties, the presiding Aedilis Curulis shall act as
arbiter in his place. If more than one arbiter is unable to perform
his duties under these circumstances, the tribunal shall be
dissolved and a new tribunal selected in accordance with III.A.1.f,
III.B.1.f, and IV.A. of this edictum.
8. No citizen shall be compelled to serve as an arbiter, but,
having accepted the office, no arbiter shall withdraw except for
corruption, conflict of interest, grave illness, or other serious
reason sufficient to the presiding Aedilis Curulis.
B. The presiding Aedilis Curulis shall preside over the
tribunal and rule upon points of order and law. The decisions of the
presiding Aedilis Curulis shall be binding on the arbitri, the
parties, their advocati, and witnesses.
1. The presiding Aedilis Curulis shall prepare a formula on the
basis of the request for arbitration and the reply to the request
for arbitration.
2. This formula shall take the form: "N, NN, and NNN shall be
the arbitri. If it appears that the claim of the actor, Titius, to
wit [statement of claim of the actor] should prevail in the matter
in dispute, the arbitri shall require that the reus, Seius, provide
the award, to wit [statement of the award] to the actor; otherwise
the arbitri shall absolve the reus."
3. The presiding Aedilis Curulis shall inform the parties and
arbitri of the formula at the time specified in III.C of this
edictum.
4. When the cause of justice shall require, the presiding
Aedilis Curulis may amend the formula at any point prior to
conclusion of the hearing. The parties and arbitri shall be notified
immedidately of any amendments to the formula.
5. No award in formula shall require a reus to perform a
dishonourable, criminal, or otherwise infamous act.
C. Oaths
1. Of arbitri. Each arbiter appointed to the tribunal shall
take the oath specified in Appendix II of this edictum before
undertaking his duties;
2. Of Parties. Each party shall take the oath specified in
Appendix II of this edictum in the request for arbitration or reply
to the request for arbitration.
3. Of Witnesses. Each witness shall take the oath specified in
Appendix II of this edictum before giving evidence.
D. General Powers of the Tribunal
1. The Tribunal shall serve as the court of hearing,
deliberation, and determination of the binding arbitration;
2. Arbitri may query witnesses and examine documents through
the presiding Aedilis Curulis;
3. Arbitri may request the presiding Aedilis Curulis to compel
witnesses to testify under penalty of fine for refusal; no reus
shall be compelled to testify against himself;
4. Arbitri may not deviate from the formula provided by the
presiding Aedilis Curulis;
5. If an arbiter is found to have been corrupted at any stage
of the arbitration, that arbiter shall be dismissed and the
arbitration dismissed;
a. With the agreement of the parties, a new tribunal shall be
empaneled in accordance with I.A.1.f, I.B.1.e, and III.A of this
edictum; uncorrupted arbitri of the previous tribunal may be
empaneled in its successor;
b. The corrupted arbiter shall be prosecuted for perjury and
obstruction of justice.
E. Language of Arbitration
1. The official language of arbitration shall be English;
2. The presiding Aedilis Curulis shall arrange with the Decuria
Interpres for translation into other languages as needed, but no
more than one continuance shall be granted to facilitate procurement
of translation.
F. Advocati
1. Any party to the arbitration may be represented by an
advocatus of his choosing; neither actor nor reus shall be required
to be represented by an advocatus.
2. No advocatus shall be compensated for his services.
G. Hearing
1. The place, date, time of the hearing shall be determined by
the presiding Aedilis Curulis after consultation with the parties
and their advocati. The parties are responsible for ensuring the
presence of witnesses and documentary evidence.
2. The following procedures shall be followed at hearings:
a. The actor and/or his advocatus shall state the claim, the
evidence to be submitted for that claim, and the relief and/or
amount requested.
b. The reus and/or his advocatus shall state the denial of the
claim and the evidence to be submitted for that denial.
c. The actor and/or his adovcatus shall present the evidence
for the claim and relief in the form of witnesses for examination
and cross-examination by the reus and/or his advocatus, the
presiding Aedilis Curulis, or the arbitri, and/or documents
certified to the tribunal by the presiding Aedilis Curulis.
d. The reus and/or his adovcatus shall present the evidence
against the claim and relief in the form of witnesses for
examination and cross-examination by the actor and/or his advocatus,
the presiding Aedilis Curulis, or the arbitri, and/or documents
certified to the tribunal by the presiding Aedilis Curulis.
3. Ex parte Communications. No party or witness shall
communicate, except with the permission of the presiding Aedilis
Curulis, with any other party or witness regarding the dispute from
the opening of the hearing until the final determination has been
made.
4. Continuance. The presiding Aedilis Curulis may adjourn and
continue a hearing for a period up to a nundinum at the request of a
party or at his discretion.
5. Waiver and Stipulation. Parties shall have the right to
waive their portion of the procedures of sections VI.G.2 of this
edictum. Parties may stipulate by agreement to facts.
6. Termination by Settlement. If, prior to final determination
and with the consent of the presiding Aedilis Curulis, the parties
agree to settle their dispute outside the arbitration, the tribunal
shall be dismissed and the aribtration terminated. No dispute
terminated by settlement may be resubmitted for arbitration.
H. Deliberation and Determination
1. Upon completion of the hearing, the tribunal shall retire to
deliberate privately. The presiding Aedilis Curulis shall accompany
them to rule on points of law and chair their deliberation. Unless
also a arbiter under IV.A.5 of this edictum, the presiding Aedilis
Curulis shall not vote on the final determination of the
arbitration.
2. Determination of the arbitration shall be a vote to accept
or reject (1) the actor's claim and (2) the actor's award in the
formula presented by the presiding Aedilis Curulis. Determination of
the arbitration shall be on preponderance of the evidence by a
majority vote of the arbitri. Abstentions shall be counted as votes
against the claim or award of the actor.
a. If the actor's claim is accepted, the award specified in the
formula must be made in accordance with the formula.
b. The tribunal is not obligated to give an award, even if a
determination has been made, unless otherwise specified in the
formula of the presiding Aedilis Curulis.
3. The determination shall be given to the presiding Aedilis
Curulis for notification of the parties.
I. Award. The amount of award shall be determined by the
tribunal in accordance with the presiding Aedilis Curulis' formula,
but shall not exceed the amount claimed for relief in the request
for arbitration. The award shall be paid from the pignus of the reus
and the pignus of the actor returned. In the event that the pignus
of the reus has been waived by the Aediles Curules, the reus shall
have one nundinum to surrender the appropriate pignus to the
Quaestor of the presiding Aedilis Curulis. A reus who refuses to
surrender the pignus within this time limit shall be subject to
prosecution before the Praetor for fraud and obstruction of justice.
J. Costs and Fines
1. The presiding Aedilis Curulis shall recover from the parties
such receipted costs for communications, copying, exhibits, and the
like as are reasonable. a. In the event that a party shall dispute
the recovery, the matter shall be referred to the presiding Aedilis
Curulis' aedlician colleague for decision; his decision shall be
final.
2. The presiding Aedilis Curulis shall be empowered to fine any
party or advocatus who violates the procedures of the arbitration.
The fine shall not exceed twenty-five U.S. dollars ($25.00) per
violation.
a. In the event that a party or advocatus shall dispute the
fine, the matter shall be referrerd to the presiding Aedilis
Curulis' aedlician colleague for decision; his decision shall be
final.
b. Fines must be paid within two nundina of their imposition.
Failure to pay a fine will result in prosecution before the Praetor
for obstruction of justice.
3. The presiding Aedilis Curulis shall be empowered to fine any
defaulting party up to the amount of the pignus, as well as awarding
the pignus to the non-defaulting party.
a. In the event that a party dispute the fine, the matter shall
be referrerd to the presiding Aedilis Curulis' aedlician colleague
for decision; his decision shall be final.
b. Fines must be paid within two nundina of their imposition.
Failure to pay a fine will result in prosecution before the Praetor
for obstruction of justice.
K. Exclusion of Liability. The parties shall exclude Nova Roma,
the presiding Aedilis Curulis, and arbitri from any legal liability
arising from the arbitration.
L. Waiver of Defamation. The parties shall agree to waive any
action for defamation arising from sworn testimony or admitted
written evidence in the hearing.
M. Default. A party shall be held in default if that party
fails to follow the procedures directed in this edictum, to provide
requested documents or testimony, or acts to disrupt or evade the
agreed upon arbitration. In the event that a party shall default,
the presiding Aedilis Curulis shall determine that the non-
defaulting party has prevailed and shall award reflief in accordance
with IV.I of this edictum. A defaulting party may be fined by the
presiding Aedilis Curulis.
N. Appeals
1. To Consular or Praetorian Jurisdiction. As a condition of
arbitration, the parties shall agree not to attempt to invoke
consular or praetorian jurisdiction over the arbitration.
2. To Comitia Centuriata. Appeal of a binding arbitration may
be made by either party only to the Comitia Centuriata and only on
grounds of a serious procedural error in the arbitration. The
Comitia Centuriata shall conduct trial as an appellate court in case
of such an appeal.
O. Intercessio
1. Tribunician or superior curule intercessio may be applied to
any procedure in abritration in accordance with the Constitution of
Nova Roma. Such an intercessio shall terminate the aribtration
without prejudice.
2. As a condition of arbitration, the parties shall agree not
to seek tribunician or superior curule intercessio over the
arbitration.
________________________________________
Appendix I
The following text is the agreement to accept binding arbitration
which must be executed by actor and reus in accordance with I.B of
this edictum:
AGREEMENT TO ACCEPT BINDING ARBITRATION
The undersigned party at interest in the matter of
______________________________________________ agrees to submit the
dispute now pending with ________________________________________ to
binding arbitration under the Aedilician Edictum on Binding
Arbitration of Commercial Disputes of Nova Roma.
The party agrees that a tribunal of arbiters appointed by a Aedilis
Curulis of Nova Roma will serve as arbitrators and decide the matter.
The party agrees that the Edictum Aedilicium de Interdicto
Restitutorio per Formulam Arbitrariam of Nova Roma shall govern all
rules of all proceedings related to this arbitration.
The party agrees that the tribunal's award is binding in all
respects upon all parties and may be entered as a final judgment in
any court of competent jurisdiction.
The party agrees that the tribunal shall hear and determine the
controversy on the evidence submitted. The presiding Aedilis Curulis
shall have ultimate responsibility to determine the relevancy and
admissibility of all evidence and to submit the formula. The party
agrees that the hearing and all other procedures will be conducted
in accordance with the Edictum Aedilicium de Interdicto Restitutorio
per Formulam Arbitrariam of Nova Roma. Any party who proceeds
through the arbitration after knowledge that any provision or
requirement of this edictum has not been complied with or fails to
object in writing, shall be deemed to have waived the objection. The
undersigned party agrees that should any party violate this
agreement, that party shall indemnify Nova Roma and the non-
violating party for any and all resulting costs.
This agreement for binding arbitration may be executed in several
counterparts, each of which shall be deemed an original, but all of
which shall be considered one and the same valid and enforceable
agreement.
Actor/Reus:_______________________________________________
Witness:_______________________________________________
Date:_______________________________________________
Presiding Aedilis Curulis:_________________________________________
Date:_______________________________________________
APPENDIX II
The following text is the oath which each arbiter shall take before
undertaking his duties:
I, [legal and Roman names], do hereby solemnly swear to accept the
office of arbiter and perform the duties of that office fairly and
impartially and to accept neither favour nor compensation for my
determination of this arbitration. On my honour as a citizen and in
the presence of the Gods and Goddesses of the Roman people and by
their will and favour I undertake this oath. [Arbitri of religions
other than the Religio Romana may specify the deity/deities in whose
presence the oath is undertaken, or if atheist, on his or her honour
alone].
The following text is the oath which a citizen actor shall take in
the request for arbitration:
I, [legal and Roman names], do hereby solemnly swear that the claim
I have made in my request for arbitration is true to the best of my
knowledge and that I have made a good-faith effort to resolve the
matter in dispute before requesting arbitration. On my honour as a
citizen and in the presence of the Gods and Goddesses of the Roman
people and by their will and favour I undertake this oath. [Citizens
of religions other than the Religio Romana may specify the
deity/deities in whose presence the oath is undertaken, or if
atheist on his or her honour alone].
The following text is the oath which a peregrine actor shall take in
the request for arbitration:
I, [legal name], do hereby solemnly swear that the claim I have made
in my request for arbitration is true to the best of my knowledge
and that I have made a good-faith effort to resolve the matter in
dispute before requesting arbitration. On my honour and in the
presence of the Gods and Goddesses of the Roman people I undertake
this oath. [Peregrines of religions other than the Religio Romana
may specify the deity/deities in whose presence the oath is
undertaken or, if atheist, on his or her honour alone].
The following text is the oath which a citizen reus shall take in
the reply to the request for arbitration:
I, [legal and Roman names], do hereby solemnly swear that the claim
I have made in my reply to the request for arbitration is true to
the best of my knowledge. On my honour as a citizen and in the
presence of the Gods and Goddesses of the Roman people and by their
will and favour I undertake this oath. [Citizens of religions other
than the Religio Romana may specify the deity/deities in whose
presence the oath is undertaken, or if atheist, on his or her honour
alone].
The following text is the oath which a peregrine reus shall take in
the reply to the request for arbitration:
I, [legal name], do hereby solemnly swear that the claim I have made
in my reply to the request for arbitration is true to the best of my
knowledge. On my honour and in the presence of the Gods and
Goddesses of the Roman people I undertake this oath. [Peregrines of
religions other than the Religio Romana may specify the
deity/deities in whose presence the oath is undertaken, or if
atheist, on his or her honour alone].
The following text is the oath which a citizen witness shall take in
the reply to the request for arbitration:
I, [legal and Roman names], do hereby solemnly swear that the
evidence I shall give is true and that I have neither received nor
shall receive compensation for my testimony. On my honour as a
citizen and in the presence of the Gods and Goddesses of the Roman
people and by their will and favour I undertake this oath. [Citizens
of religions other than the Religio Romana may specify the
deity/deities in whose presence the oath is undertaken, or if
atheist, on his or her honour alone].
The following text is the oath which a peregrine witness shall take
in the reply to the request for arbitration:
I, [legal name], do hereby solemnly swear that the evidence I shall
give is true and that I have neither received nor shall receive
compensation for my testimony. On my honour and in the presence of
the Gods and Goddesses of the Roman people and by their will and
favour I undertake this oath. [Peregrines of religions other than
the Religio Romana may specify the deity/deities in whose presence
the oath is undertaken, or if atheist, on his or her honour alone].
EDICTUM AEDILICIUM DE COMMERCIO IUSTO
Since the establishment of the office of Aedilis Curulis in
antiquity, the Aediles Curules have been charged with maintaining
fair and just business practices within the marketplaces of Roma.
Nova Roman citizens deserve the same assurances of fair dealing as
their fellow Roman citizens of antiquity, and promise of redress in
the event of grievance.
Therefore,
I. Any Nova Roman citizen may seek justice from the Aediles
Curules in the event they feel they have been dealt with unfairly in
any marketplace operating under the authority of Nova Roma.
II. Marketplaces under this edict include world wide web based
businesses operated by members of the Ordo Equester, businesses
operating at sponsored Nova Roma events, and any other business
activity carried out with express knowledge that Nova Roma citizens
are involved, whether by Nova Roma citizens or by associates who
knowingly do business with Nova Roma.
III. The Aediles Curules shall examine charges brought by
citizens, and shall determine whether an investigation into the
charges and specifications is warranted. The Aediles Curules shall
accept complaints only from parties to the instant business
transaction, unless the complainant can show direct financial damage
as result of the failure to meet obligations by a third party (e.g.,
as in a merchant whose supply of product is adversely affected by
the failure of another merchant to meet an obligation to a supplier
upon whom the first merchant depends).
IV. If in the process of investigation a settlement agreeable to
the parties can be reached, the matter will be closed.
V. The Aediles Curules may offer binding arbitration as a
dispute resolution method.
VI. If investigation of a charge reveals probable default of
obligation, no settlement can be reached by the parties, and one or
more of the parties refuses binding arbitration, the Aediles Curules
shall accept a petitio actionis, a formal charge of default of
obligation, from the actor (the complainant) against the reus (the
defendant). The Aediles Curules shall convene an Aedilician Court to
hear arguments from the parties and render a judgment. If the actor
of the petitio actionis shall refuse to appear or present argument,
the actio will be dismissed. If the reus of the petitio actionis
shall refuse to appear or present argument, a default judgment shall
be issued in favour of the actor. The rules of procedure for such
Aedilician Courts shall be those of Lex Salicia Iudiciaria,
excepting that the tribunal of iudices shall consist of the Aediles
Curules and the roles prescribed therein for the praetor shall be
undertaken by the Aediles Curules. The penalties for conviction in
the Aedilician Court shall be specified in the Aediles' formula and
may include:
A. Full restitution of the sought amount or merchandise;
B. Damages not to exceed twice the value of the disputed
merchanise or service;
C. Denial of the privilege of advertising in the Macellum;
D. Request to the Censores for removal from the Ordo Equester;
E. Request to the Censores for a nota affecting other iures
civiles, including honores (the right to hold office) and suffragium
(the right to vote in the Comitia).
Judgments of the Aedilician Court are public records and will be
announced publicly. Judgments of the Aedilician Court shall be
subject to appropriate intercessio and may be appealed to the
Comitia Populi Tributa. Notice of appeal must be given within
seventy-two hours of issue of the judgment.
VII. In cases where a prima facie case for criminal wrongdoing
can be made, the Aediles Curules shall remand the petitio actionis
to the praetores for action under the Lex Salicia Poenalis and, in
those cases where macronational law is involved, to the local civil
authorities.
VIII. This edictum becomes effective immediately.
The Aediles Curules
Given on January 19 2005
Fr Ap Caesare atque G Pop Laene consulibus