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,

  1. 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.
  2. 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.
  3. 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).
  4. If in the process of investigation a settlement agreeable to the parties can be reached, the matter will be closed.
  5. The Aediles Curules may offer binding arbitration as a dispute resolution method.
  6. 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:
    1. Full restitution of the sought amount or merchandise;
    2. Damages not to exceed twice the value of the disputed merchanise or service;
    3. Denial of the privilege of advertising in the Macellum;
    4. Request to the Censores for removal from the Ordo Equester;
    5. 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.
  7. 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.
  8. This edictum becomes effective immediately.

    9. 11 February 2757

    TABVLARIVM

    spt