jus honorarium


The ius honorarium is a term from Latin roots, whose meaning describes that series of rules, precepts or regulations arranged in the Edicts of the magistrates and mainly of the Praetors in Ancient Rome. That is to say, they were laws that were developed in edicts published by the praetors during the Republic and the beginning of the Empire, to help, complete or modify the existing rules or procedures of the ius civile. It was finalized in the 2nd century AD in the Edictum Perpetuum. The procedures developed by the praetors (the formulary system) were superseded in the third century by the cognitons.

The ius honorarium was established in Ancient Rome, created according to the Roman jurisconsult Papiano or Aemilius Papinianus in Latin, with the purpose of correcting, helping or supplementing the ius civile. And according to Papiano civil law is what originates other sources compared to honorary or praetorian law, we speak of sources such as imperial constitutions, plebiscites, Senate consultations, laws and interpretations of the jurisconsults.

In classical times, the core of norms that make up the ius civile occupies a situation of supremacy in terms of the ius honorarium, which is subordinate and complementary. Then, for the post-classical era, the duplicity of the legal systems disappears, and both the civil law and the honorary law form a single system cataloged as Roman Civil Law.

Therefore, the honorary law enters to reform or cement the existing civil law in Ancient Rome, and ends up doing it in this post-classical era marked with the character Salvio Juliano for the year 129 AD