Laws {Roman Republic law} {law, Roman Republic} were usually senatorial decrees {senatus consulta} or magistrate decisions.
magistrates
Magistrates issued edicts before becoming magistrates, stating how they interpreted laws.
laws: Assembly
Assembly enacted {plebiscite, Rome} some laws {leges}, after presentation from Senate.
laws: injunction
Praetors prevented unlawful acts with injunctions.
laws: types
Laws were divine laws {fas}, moral laws {ius}, and secular laws. Priests and censors administered fas. State administered ius, which was about rightful powers and duties of one human with another.
marriage
In a marriage type {sine manu}, control over wife stayed with wife's father. In a marriage type {cum manu}, control over wife went to husband. Cum manu marriage used a purchase or token purchase. Control was for one year {usus}.
contract
At first, contracts required formal ceremonies. Later, contracts required only promises. Roman law had no bilateral or third-party contracts. Contracts were property transfers {nexum and mancipium}, loans {mutuum}, returnable-item loans {commodatum}, deposits {depositum}, pledges {pignus}, sales {emptio venditio}, hires {locatio condustio}, partnerships {societas}, agencies {mandatum}, and stipulations {stipulatio}. Sales books recorded literal contracts.
property
Property laws about land, livestock, or slaves {res mancipi} transferred in ceremonies. Title to land accrued by property use for periods {prescription, Roman Republic}. Property laws about ships, produce, or tools {res nec mancipi} transferred by tradition or by delivery.
tort
Roman law started imposing penalties for torts, as well as requiring restitution. Restitution was commensurate with dignity loss, not pain or suffering.
tort: negligence
Roman law recognized gross negligence {culpa lata}, as carelessness. Roman law recognized minor negligence {culpa levis}, as poorly conceived or executed action. Roman law recognized contributory negligence.
interest
Simple interest was 12%.
Province aediles and governors published edicts {edict, Roman}|, stating legal principles, protecting rights and claims, and providing remedies. Over time, edicts developed standard formats.
Laws {ius civile} can be about rightful powers and duties of one human with another. New laws can supersede old laws but not violate ius civile. If act was legal under ius civile, new laws about that act either forbade act but did not invalidate act {imperfect law} or penalized act but did not invalidate it {less than perfect law}. Traditional laws, customs, and institutions applied to citizens.
Praetors used law of nations or law of foreigners {ius gentium} in cases involving aliens, because it was universal law. In later Republic, this law began to apply in civil cases as well. Romans used laws of country from which people came, not laws of country where crime was.
Praetors stated legal principles, protected rights, protected claims, and stated lawful remedies {praetorian edict, Roman Republic}. Over time, praetorian edicts developed standard formats. Praetors allowed stipulations before trials. Praetors developed the idea of good faith {fides}. Praetors issued decrees to set aside formal-transaction consequences, especially for minors and debtors. Praetors examined claims before trials. Private citizens acted as judges, with praetor protection and authority.
Praetors and aediles developed law {ius honorarium} {ius praetorium} {praetorian law} [-250], as new situations arose. Praetorian law included general law principles, which applied especially to aliens. Ius praetorium was ius civile supplemented by equity law and natural law.
6-Law-National-Roman Law-Roman Republic
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Date Modified: 2022.0225