| Abstract [eng] |
Pretor’s Role in Development of Roman Law Master thesis analyses legal activity of praetor and its impact on the development of Roman private law. Praetors had an especially wide discretion in the field of private law application and reasons of such authority can be found by discussing a role of praetorship in a context of wider political institution - a magistracy. In the beginning of the thesis an establishment and evolution of praetorship will be emphasized as well as the most important processes that influenced a formation of ius pretorium. The biggest attention in the thesis is paid to the main part of research which is the impact of legal activity of praetors to pre-classical and classical Roman private law. The role of praetorship in the context of Roman law development is disclosed by dividing Roman law into three categories (the threefold division of Roman law as set forth in „The Institutes“ of Gaius): the law of actions (ius quod ad actiones pertinet), the law of persons (ius quod ad personas pertinet) and the law of property and obligations (ius quod ad res pertinet). Mentioned categories of ius privatum Romanorum are discussed in terms of legal innovation implemented by praetors with details of their characterization and value. Moreover thesis emphasizes that legal activities of praetors are a part of the direction of law of justice (ius aequum) because praetors were changing archaic and formalist approach of ius civile to legal institutes that are more just, pragmatic and are relevant to the spirit of the period. |
