Ait Praetor (ius honorarium: its origins, its historical and institutional context, its function) Cover Image
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Ait praetor (За преторското право, неговото кодифициране и унифицирането на правото чрез правоприлагането)
Ait Praetor (ius honorarium: its origins, its historical and institutional context, its function)

Author(s): Malina Novkirishka- Stoyanova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The article is concerned with ius honorarium - its origins, its historical and institutional context, its function of "adiuvandi vel supplendi vel corrigendi iuris civilis gratia". In the history of Roman law the praetor occupies the position between the legislature and the jurists. He may be described as the keeper of the Roman people's common sense; for it fell upon him to decide in what cases the principles of natural justice (naturalis aequitas) were to be given priority over the strict letter of the law. The praetor's edict was the model for unification of the law in Ancient Rome and contains some reasonable ideas.

  • Issue Year: L/2009
  • Issue No: 1
  • Page Range: 72-85
  • Page Count: 14
  • Language: Bulgarian