Praetor it is a term that was used in the Roman empire to name a magistrate located, on the hierarchical scale of the public administration, below the consul . The praetors were responsible for developing injunctions (to maintain harmony in the links between private), organize the first stages of a trial and perform other judicial functions.
The praetor position was changing throughout the history . In 366 BC the position was created as it is currently understood to appoint people who were responsible for the administration of justice. To the extent that Roman empire it was annexing territories, more pretores were appointed. From 337 BC , commoners also had the possibility of becoming praetors.
Before, however, generals were known as praetors. In this way, the praetors fulfilled important functions in warlike moments. In times of peace, these same praetors worked in courts and interpreted the laws . Gradually, the praetor's role began to become more political and less military.
The consuls, appointed by the Centurido Comic , were responsible for the choice of praetors. The requirements varied, reaching the point where a person , to be able to act as a praetor, he must have previously worked as mayor .
Once appointed praetor, the individual became a magistrate authorized to administer Justice and to replace the consul when he was not in Rome . The main function of the praetor, in short, was to ensure compliance with Roman laws.
The Praetor's Edict
The Roman praetor was to promulgate a edict which consisted of all the norms to which he undertook to abide by the year in office in his jurisdictional function. In this way, the praetor made the law evolve, first with an adaptation and then with an extension ius civile (the set of rules that, in the law of Rome, served to control relations between its citizens).
The edict was a mandate ordinance and should be promulgated every year, although it did not fall under the category of law. It is important to note that the praetors did not act in a disjointed way with respect to their predecessors, although they were not limited by their actions either.
During his promulgation , the praetor assured that he would offer the necessary protection to individuals with all the means available to him, be these exceptions or actions. The edict always sought to adapt to the most relevant needs of society, and distinguished between the following two types:
* edictum perpetuum it was in force over a year and its publication took place at the beginning of the mandate of the praetor. It was divided, in turn, into edictum traslactium (they made it true rules of the former praetors) and pars nova (the part created by the current praetor);
* edictum repentinum It covered everything related to unforeseen standards.
At first, there was no legal link between the praetor and his edict, but this changed after the law called Cornelia de edictis praetorum of the year 67 B.C. The praetor's performance was monitored by public opinion and any modification that did not arise to satisfy a need True was considered a serious offense to the general interest.
In the edict the praetor promised the following means:
* procedural : exceptions and actions;
* legal protection : it was divided into stipulationes paretoriae (verbal contracts that interested parties were required to make in their defense), restitutio in integrum (void business validity or acts even if they were made according to the ius civile), interdicta (conditional orders issued by the praetor that were linked to a subsequent trial to be considered valid) and missiones in possessionem (the delivery of one or several things to another person to dispose of them).