05 Sep WAYS OF DEVELOPING THE LAW OF THE PRAETORS IN ROMAN LAW
1-way of Case recognition (Actio): Praetors have primarily helped the development of law through case recognition. In other words, IUs civile could not be sued in non-litigation types. But as the population and number of foreigners increase, disputes increase. The Praetor developed the law by giving the party that is the victim of the dispute the authority to sue if it does not have the authority to sue.
2-Defense(Exeptio) way: they also developed the law through defense (exeptio). In other words, when the case was filed, they made the other party put forward a situation that was not Ius civile. For example, the victim of a contract made by fraud could not say that the contract was fraudulent. The Praetors, however, made the aggrieved party ploy defi.
3-reinstatement way: a praetor has developed the law through reinstatement. For example, if a contract has been made and one of the parties has been victimized due to the contract in such a way that it does not comply with Justice, the victimization has been corrected by applying the decision to restore the Praetor to this process.
4-forbidden (Interdictum) way: others of the ways of developing the law are a path that we call forbidden (interdictum). In Roman law, the order and prohibition issued by the Praetor and the provincial governors on the basis of their authority regarding unlawful conduct that is not sanctioned by law. It can be temporary or final; in the first case, the way to apply to the judge later is kept open. An interdictum of a certifying nature, usually related to rights over goods, is a decision that requires the disclosure of a person or item. An interdictum of a restorative nature, on the other hand, provides for the return of the goods taken, the deterioration of the work done, or the cessation of a special intervention in the right.
5-Way To Ensure Possession
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