ЗАЩИТАТА НА ПРАВАТА. REGULAE IURIS РОЛЯТА НА СЪДИЯТА В РИМСКИЯ ГРАЖДАНСКИ ПРОЦЕС – НОВИ ГЛЕДНИ ТОЧКИ
THE DEFENSE OF RIGHTS. REGULAE IURIS AND THE ROLE OF IUDEX PRIVATUS IN THE ROMAN CIVIL TRIAL: A NEW POINT OF VIEW

Summary/Abstract: There are three guiding axes of development of the resarch: 1) the ontogenetic process of regula iuris as a conceptual category; 2) its problematic nature in casistic Roman system; 3) its contribution against the risk of an anomic disorder generator of a constant threat of social instability. In fact, many of the structural and functional aspects related to regulae iuris that await a solution, aspects relating to the descriptive or prescriptive, and their effective contribution. The regulae iuris, therefore, in the first place aim to set the parameters within which to hang the recte agere, thus playing a role systematizer against the danger of the absence of law. Disclose similar reflections in turn heuristic courses aimed to outline the perimeter of regulae iuris than other linguistic constructions, all immersed in a cognitive flow of wisdom and technical in dialogical dimension between iudex and jurist, where prudens has to deal with the practical and vice versa and where these figures are guarantors of substantial justice in any regulatory gaps ius civile. The historical basis of juris regulae appears, therefore, closely connected with its prescriptive syndrome of Roman law and traditionally identified as the tension that pushes to reduce risks and to seek stable points.

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