Praetors’ Ways Of Improving The Law In Roman Law
1- Recognition of Actions (Actio):
Praetors primarily helped the development of law by recognising cases. In other words, lawsuits could not be filed in types of cases that were not in the Ius civile. However, as the population and the number of foreigners increased, the number of disputes also increased. The praetor developed the law by authorising the party aggrieved by the dispute to sue if he did not have the authority to sue.
2- Defi (Exeptio) Way:
They also developed the law through defence (exeptio). In other words, when a lawsuit is filed, they have enabled the other party to assert a situation that is not in the Ius civile. For example, the aggrieved party of a contract made by fraud could not say that the contract was made fraudulently in the Ius civile. However, the praetors enabled the aggrieved party to assert the defence of fraud.
3- Way of Reinstatement:
The praetor also developed the law by way of reinstatement. For example, if a contract was concluded and one of the parties was aggrieved by the contract in a way that was not in accordance with equity, the aggrievement was eliminated by applying the praetor’s reinstatement decision to this transaction.
4- Prohibition (Interdictum):
Another way of developing the law is a way we call interdictum. In Roman law, the order and prohibition issued by the praetor and provincial governors based on their authority regarding an unlawful behaviour that is not sanctioned by law. It may be temporary or definitive; in the first case, the way to apply to the judiciary is kept open. An interdictum of a documentary nature, which is usually related to rights over property, is an order requiring the discovery of a person or property. An interdictum of restorative nature, on the other hand, provides for the return of a property taken, the reversal of a work done, or the cessation of a special interference with a right.
5- The Way of Ensuring Possession
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