How Praetors Developed Law in Roman Law

1- The Way of Case Recognition (Actio): Praetors helped the development of law primarily through case recognition. In other words, lawsuits could not be filed in case types that were not in Ius civile. However, as the population and the number of foreigners increase, the disputes increase. Praetor has improved the law by giving the aggrieved party the power to sue if it does not have the power to sue.

2- Defi (Exeptio) Way: They also developed the law through defi (exeptio). In other words, when the lawsuit was filed, they enabled the other party to assert a situation that did not exist in Ius civile. For example, in a fraudulent contract, the aggrieved party could not say in Ius civil that the contract was fraudulent. However, the praetors made it possible for the aggrieved party to assert a fraudulent plea.

3- Reinstatement Way: Also, the praetor developed the law through reinstatement. For example, if a contract has been made and one of the parties has been victimized in a way that does not comply with equity, the victimization has been eliminated by applying the reinstatement decision of the praetor to this transaction.

4- Forbidden (Interdictum) Way: Other ways of developing the law is a way we call the Forbidden (interdictum). In Roman law, the order and prohibition of the praetor and provincial governors, based on their authority, regarding an unlawful act not sanctioned by law. It may be temporary or definitive; In the first case, the way to apply to the judge afterwards is kept open. A documenting interdictum, usually related to rights over property, is a decision that calls for the discovery of a person or property. Restorative interdictum, on the other hand, envisages the return of a property taken, the deterioration of a work done, or the cessation of a special intervention to a right.

5- The Way of Ensuring Possession

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