HIST-1107EL Study Guide - Quiz Guide: List Of Byzantine Emperors, Tribonian, Codex Theodosianus
6 Dec 2020
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Document Summary
Emerge of 2nd body of law next to ius civile: ius honorarium or ius praetorium. Not logical & internally coherent system but organically evolved body of case law. Under imperium: power to promulgate edicts (ius edicendi) New remedies = changed nature of roman civil trial. Augustus promulgated 2 laws that procedure obtained the same new validity for which legis actio was required before. Beginning: new formula for each individual case, later on: standardized formulae with fixed and variable elements formulae became standard provision (application to similar cases) Roman law became more flexible in application. Lacking any ritual or religious basis, focus on nature of case & applicable rule. Introduction of concept of bonae fides (good faith) in contract law observance of contract. Judge in 2nd stage only establish whether conditions of formula were fulfilled. Increasing number of foreigners in rome (italy) more disputes with involved foreigners. 242 bc: peregrine praetor appointed, responsible for iurisdictio over those cases.
