COMPARISON BETWEEN JURISDICTION OF PRAETOR URBANUS AND PRAETOR PEREGRINUS IN REPUBLICAN ROME. THE APPEARANCE OF FORMULARY PROCEDURE Cover Image

СЪПОСТАВКА МЕЖДУ ЮРИСДИКЦИЯТА НА ПЕРЕГРИНСКИЯ И ГРАДСКИЯ ПРЕТОР В РЕПУБЛИКАНСКИ РИМ. ГЕНЕЗИСЪТ НА ФОРМУЛАРНИЯ ПРОЦЕС
COMPARISON BETWEEN JURISDICTION OF PRAETOR URBANUS AND PRAETOR PEREGRINUS IN REPUBLICAN ROME. THE APPEARANCE OF FORMULARY PROCEDURE

Author(s): Stoyan Ivanov
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: praetor urbanus; praetor peregrinus; intercessio; formula; Lex Aebutia

Summary/Abstract: This article is dedicated to the comparison between the jurisdiction of the praetor urbanus and praetor peregrinus in the Republican Rome. Particular attention is paid to the emergence of the formulary procedure, the causes and the conditions leading to the evolution of the Roman civil process. At the third century BC. in Rome was founded the office of the magistrate praetor peregrinus and he was committed with the jurisdiction between foreigners and between foreigners and Roman citizens. From this point there are a lot of problems examined in this work as the the exclusive jurisdiction of both of the praetors, and the question of the veto between them. Gradually in Rome arose the necessity of a procedure different than this belonging of the civitas and whose regulations should not be sought in the norms of ius civile to resolve a civil dispute with the force of res judicata. There was a need for a new system that is not based on ius legitimum vetus (ancient Roman Law) but on the imperium of the magistrates, which exactly allowed to be filed in the court claims which did not have civilian origin but are aimed to protect rights worthy deserving protection, irrespective of the status of their holders. This need identified the emergence of a new judicial function which differs from the first because it is characterized by a modus agendi which was situated outside of the legal order of the civitas. Clearly notable difference between the two iurisdictiones actually represents an extremely compelling argument in favor of the hypothesis shared by many scholars, according to which the formulary process finds its origin exactly in the procedure between Romans and foreigners preceded Lex Aebutia.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 642-668
  • Page Count: 27
  • Language: Bulgarian