Accertamento incidentale e pregiudizialità nelle questioni di status personale. Brevi riflessioni

The phenomenon of prejudiciality, addressed by Roman law Scholars from the multiple perspectives offered by the polysemy of the term praeiudicium, is still debated. The peculiarity of the notion of status and the value of the related judicial rulings provide the starting point for a comparison between the different procedural implications produced, dependingon the case, by the assessment of issues that are logically connected to the subject matter of the main proceedings in which they arise. The aim is to identify, through the analysis of the varied case law found in the sources of classical Roman law, certain aspects of the relationship between incidental assessment and res judicata in the different technical solutions.