Ius honorarium

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The ius honorarium (from Latin honos , the office ) is the official right that was exercised in ancient Rome by holders of honorary offices , but especially by the praetor . The magistrate's jurisdiction was created primarily within the framework of praetoric competence for legal training, which is why the ius praetorium is also used in this context .

Concept history

The ius honorarium served to interpret ius civile and to further develop it through additions and, if necessary, corrections ( adiuvandi , supplendi , coriggendi iuris civilis gratia ). This created a new legal body, that of fee law. A distinction was made between civil and royalty property, inheritance law and other areas of law. The intersection of ius honorarium and ius civile was, however, small overall, because large parts of the ius civile were not affected by interpretations. There were no political disputes behind this, because the same bodies that implemented ius civile also created ius honorarium .

The often rumored fundamental antagonism of the two legal structures is based on assumptions that apply to the disputes with the newer Roman law, while the old Roman law makes no such fundamental distinction. Since Roman law had not developed a system, one cannot speak of a “legal system” or “areas of law”. In legal history research, the term “legal layer”, borrowed from geology, has therefore established itself.

The most important instrument of the praetor was the edict , in which he announced the way in which he intended to exercise his duties in the administration of justice for the coming year (term limitation). Despite the fundamental binding effect on the ius civile , he could deviate from it if important social and economic changes were pending and the outdated rules were inadequate for procedural enforcement. The specific legal training by the praetor was announced in the edict to the effect that he made complaints available from which the process program for individual cases could be taken.

Due to the reception of Roman law in continental Europe, the ius honorarium remained important long after the fall of the Roman Empire, although it was practically overcome in the Roman Empire by the Diocletian legislation during late antiquity . According to modern legal understanding, the ius honorarium is similar to the principle of judicial legal training .

Quote

“Ius praetorium est, quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam. Quod et honorarium dicitur ad honorem praetorum sic nominatum ”

“Praetoric law is that which the praetors have introduced to support, supplement or correct the ius civile for reasons of public good. It is also called ius honorarium after the office of praetors. "

- Papinian in Digest 1.1.7.1.

literature

Individual evidence

  1. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 8 (p. 9).
  2. ↑ Max Kaser : Roman legal sources and applied legal method. In: Research on Roman Law Volume 36. Verlag Böhlau, Vienna, Cologne, Graz, 1986. ISBN 3-205-05001-0 . P. 84 ff; Max Kaser, in SZ 101 (1984) 74 ff.
  3. ↑ Ludwig Mitteis in SZ 101, 89 ff. (Also 83 ff.); Max Kaser: Roman legal sources and applied legal method. in: Research on Roman Law. Volume 36. Verlag Böhlau, Vienna, Cologne, Graz, 1986. ISBN 3-205-05001-0 . Pp. 93-96 (95).
  4. ↑ Max Kaser : Roman legal sources and applied legal method. in: Research on Roman Law. Volume 36. Verlag Böhlau, Vienna, Cologne, Graz, 1986. ISBN 3-205-05001-0 . Pp. 86-90.
  5. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 30.
  6. ^ Heinrich Honsell: Römisches Recht , Springer, Berlin, 2010, ISBN 978-3-642-05306-1
  7. ↑ Wolfgang Kunkel, Martin Josef Schermaier: Römische Rechtsgeschichte , UTB, Stuttgart, 2008, page 117, ISBN 978-3-8252-2225-3
  8. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 48.
  9. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 20.
  10. ↑ Uwe Wesel : History of the law. From the early forms to the present . 3rd revised and expanded edition. Beck, Munich 2006, ISBN 3-406-47543-4 . P. 201 f.

See also