The default in different procedural models of the middle ages, parallel, variable and progress of the legal concept

Abstract

This study examines the regulation of the in Default Judgements Medieval procedural models; and develops the progress and the variables to which they resorted to profile the legal concept and the mechanisms to replace the absence of one of the parties. From those who started from consensus and the consequential need of the presence of both parties (the Anglo-Saxons and germanic models in their beginnings) the restrictive measures take priority, when they are not punitive against the person in contempt, as their real presence was required. The problem is that if that was not possible, the process could only develop based on the out-of-process consequences (coercion, criminal or civil punitive sanction), but did not allow to get to the merit ruling, while those measures did not become fruitful. In this way, it slowly progressed towards the possibility of ruling in the absence of one of the parties, and even to carry out patrimony alterations in contempt, especially in real actions, by means of fictions as confession and tacit acknowledgement.