RS 27

anja amend-traut heyday already in the 13th and 14th century and were integrated in judicial practice through the clerical courts of the time, which did not only deal with church matters. The renunciations are therefore today generally evaluated as indicators of the reception of scholarly law, which was adapted by the secular courts here at issue through canonical law and the clerical courts.15 This still manageable number of legal actions so recorded enables their full inclusion in the research without any further limiting timeframe than that set by the institution of the Imperial Chamber Court itself, or any territorial limitation to just one file portfolio. The core question of why and at what stage of litigation a proceeding before the Imperial Chamber Court was cancelled is the willingness of the parties to agree to an amicable settlement. Thus – regarding the settlement more frequently underlying the procedural dispute resolution – a distinction between an out-of-court and a court settlement is not particularly productive, especially because both follow largely uniform patterns. Rather, it seems more advantageous to differentiate according to whether the settlement agreements were concluded before or after a judgment was handed down. A case described by Bernhard Diestelkamp16 deals with a settlement agreement concluded after the judgment, namely upon suggestion by the court. After the judgment had not been enforced or could not be enforced, for instance because the judgment was imprecise, other hearings were scheduled which dealt with construing the judgment. Then, the settlement agreement was concluded under the impression of the already existing judgment, to which the parties ultimately obligingly submitted by the settlement. In that case, the court had already lumn 909. On the Byzantine and Roman-Canonical roots of this action, see Keller, Friedrich Ludwig 1863 §70, p. 301; Müchel, Hugo 1870 p. 87; Steinwenter, Artur 1925, pp. 3651, here p. 48; Nörr, Knut Wolfgang 2012, pp. 180-182. 15 Kroeschell, Karl – Cordes, Albrecht – Nehlsen-van Stryk, Karin 2008 p. 40-41; Schlosser, Hans 1990 columns 901-903, with further substantiation. 16 See Diestelkamp, Bernhard 2015 pp. 175-198. 81 Willingness to settle amicably – motives and moment

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