LEGAL ACTIONS AND THE CONTRIBUTION OF THE PRAETOR TO THE DEVELOPMENT OF ROMAN LAW Cover Image

ACŢIUNILE ÎN JUSTIŢIE ŞI CONTRIBUŢIA PRETORULUI LA DEZVOLTAREA DREPTULUI ROMAN
LEGAL ACTIONS AND THE CONTRIBUTION OF THE PRAETOR TO THE DEVELOPMENT OF ROMAN LAW

Author(s): Mihnea-Dan Radu
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: procedure;praetor; rights; effectiveness

Summary/Abstract: The Roman law was a "law of actions", this expression emphasizes the special importance of the procedural element that preceded the substantive one. The effectiveness of the legal norms was therefore guaranteed through legal actions which conditioned the very existence of the subjective rights. These issues have gained utmost importance with the emergence of praetorian law, which provided the dynamism of a legal system as otherwise marked by a strong inertia. Because of this, the praetor played a determinant role in the development of Roman law, his edict being a very effective source of law.

  • Issue Year: 2/2013
  • Issue No: 2
  • Page Range: 61-69
  • Page Count: 8
  • Language: Romanian