Doctrinal Reflections on the Clementines’ Dispendiosam & Saepe contingit: The Summary Process in the Utriusque Iuris

Abstract

Summary procedure, resulting of extensive synergistic work carried out by the medieval legislators of both Laws, was an alternative process to the solemn, more agile and faster. The Saepe Contingit constitution represents the paradigm that will reach its full scholarly maturation on the Bartolus de Sassoferrato’s study about the Constitution Ad Reprimendum. The article briefly explores the steps that lead to the appearance of the summary Rite on the medieval Ius Commune, highlighting the role of Canon law, and in particular the legislative interventions of Pope Clement V, in the making of this process, from the decretals Dispendiosam and Saepe Contingit up to the mentioned Bartolus’s study, as well as its reflection on the Italian statuti comunali.