THE CREATIVE ACTIVITY OF THE PRAETOR – THE WARRANTOR OF THE MILLENIAL BEING OF ROMAN LAW.
THE CREATIVE ACTIVITY OF THE PRAETOR – THE WARRANTOR OF THE MILLENIAL BEING OF ROMAN LAW.

Summary/Abstract: One of the defining streak of the roman law is its incessant reference to the alarming evolution of the society. On these lines, we superscribe as implicitly indispensable and essential the existence of the praetor, who by way of his edicts, but as well through his creative activity at the procedural level, has ensured the ímpetus an the pulse of the roman law. The praetor carried things in such a manner that equity and good faith reigned supreme over the roman law while casting the legal norm in the role of being a direct effect of the social and judicial reality, casting out the perspective that the daily life should be mutated to fit the legal encoding of the law. We shall see how this topping infusión of the praetor to the framework of the roman legal system has been determined by different socio-political schemes, stages in the development of the roman state, but which have created either a paragon place for its development, or a restrictive and interdictive place that led to the end of the creative role of the praetor in the judicial system. Out of all the magistracies, we shall focus upon the factual importance of the praetor and its role because this magistracy represented not only an influence upon the roman law by way of exercising its authority of justice dispensers, but also because they exercised a trully creative judicial activity. Thus, in order to trully understand how a new law subject matter came into being, a genuine chain of affinity between the provisions of the invetérate laws and the new realities, more precisely the realities of the praetorian law, we have to focus upon the praetor’s activity from two perspectives: the praetor’s edicts and the praetor’s creative activity by way of procedural means. In our article we strive to put forward not only how this magistracy has been transformed into an institution that creates law and how the edicts of the praetor have become a chief origin for the roman law, but how the praetor, focusing upon his entire activity, has fathered a dynamic, pliable system that can constitute after thounsands of years a true model for any law system founded on prívate property and barter economy.

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