Publication details
Praetorský edikt jako předchůdce ustálené rozhodovací praxe soudů
| Title in English | Praetors edict as the ancestor of a steady decision-making practice of the courts |
|---|---|
| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Fenomén judikatury v právu |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Roman law; praetor; praetors edict; ius edicendi; ius iudicandi; ius iubendi; aequitas |
| Description | Presented conference paper tried to show the term jurisdiction from a different point of view. The basic rights, that praetor had in civil trial, were explained it means ius edicendi, ius iubendi, ius iudicandi. They formed together praetor honoral law (ius praetoris) as special part of ius honorarium. One of the most important praetors activies was edict publishing. Edicts were praetors juridical ordinance by which praetor bind himself to provide protection of rights and legitim interests. Praetor had in his hands the whole judicial process because he could permit or refuse the writ at the beginning. Praetor leaded by his edicts and his interventions the whole process in all its stages. The most important are especially his competences by which he leaded the judicial process, for exemple dismissal of an action that had considerable consequences for ius civile and helped to formed a wonderfull legal system of roman law that is source of inspiration and unattainable ideal for nowadays legal systems. |