Actiones in factum conceptae as a Tool for Reaching Justice in the Praetorian Roman Law Cover Image

Žaloby in factum conceptae ako nástroj na dosiahnutie spravodlivosti v rímskom prétorskom práve
Actiones in factum conceptae as a Tool for Reaching Justice in the Praetorian Roman Law

Author(s): Ján Šurkala
Subject(s): History of Law, Civil Law
Published by: Univerzita Palackého v Olomouci
Keywords: actions in factum conceptae; equity; praetor; natural law; development of legal professions;

Summary/Abstract: The author deals with a problem of actions based on description of factual situation. It was a specific procedural institute of the Roman law, by which might a praetor admit a protection to parties also in situations, when there was a lack of formal procedurals means of civil actions. He did so with the aim of protection of justice or bona fides party. The practical outcome of this intervention was mitigation of written law shortcomings and increasing of legitimacy of whole legal system.

  • Issue Year: 11/2016
  • Issue No: 3
  • Page Range: 121-129
  • Page Count: 9
  • Language: Slovak