Ways to Develop Spiritual Law in Roman Law

Ways to Develop Spiritual Law in Roman Law

1- Action Recognition Method (Actio): Praetors contributed to the development of law primarily through action recognition. In other words, lawsuits could not be filed for types of cases not covered by civil law. However, as the population and number of foreigners increased, so did disputes. The praetor developed the law by granting the injured party, who did not have the authority to file a lawsuit, the authority to do so.

2- The Defi (Exception) Method: They also developed the law through the defi (exception) method. In other words, when a lawsuit was filed, they allowed the other party to assert a situation that did not exist in civil law. For example, in a fraudulent contract, the injured party could not claim that the contract was fraudulent under civil law. However, the praetors enabled the injured party to raise a fraudulent defense.

3- Method of Reinstatement:

The praetor also developed the law through reinstatement. For example, if a contract was made and one of the parties was wronged in a manner contrary to equity, the praetor’s decision to reinstate the transaction was applied to eliminate the injustice.

4- Prohibition (Interdictum) Method: Another way of developing the law was through what we call Prohibition (interdictum). In Roman law, these were orders and prohibitions issued by praetors and provincial governors, based on their authority, concerning illegal actions not approved by law. They could be temporary or definitive; in the former case, the option of later appealing to a judge remained open. A declaratory interdictum, which generally concerns property rights, is a decision requiring the presence of a person or property. On the other hand, a remedial interdictum provides for the return of property that has been taken, the undoing of work that has been done, or the termination of a specific interference with a right.

5- The Route of Securing Ownership

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