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direito pretoriano

English translation: judge-made law {supplying equitable relief}

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:direito pretoriano
English translation:judge-made law {supplying equitable relief}
Entered by: xxxAdrian MM.
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14:58 Feb 21, 2008
Portuguese to English translations [PRO]
Law/Patents - Law (general) / Document produced by the Superior Tribunal de Justiça in relation to an appeal ruling
Portuguese term or phrase: direito pretoriano
"O direito pretoriano enquadra-se na posição de flexibilizar a pena de perdimento, quando ausente o elemento danoso".

"Praetorian law" seems to be something exclusive to people in togas. What does it mean in C21? I actually need help with the whole sentence, if anyone can oblige.

Thanks.
Laurence Nunny
Spain
Local time: 09:13
judge-made law {of equitable relief}
Explanation:
FHS Bridge's FR/EN Glossary for the equiv.: Judge-Made Law.

'The judge-made law provides equitable relief by adopting the position of relaxing the penalty of forfeiture, (AE) absent the element of harm/(BE) if the element of harm is lacking.

Eng. scenario: 'equity acts on the conscience and as a gloss on the rigours of the Common Law'.







Selected response from:

xxxAdrian MM.
Local time: 09:13
Grading comment
ta
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4praetorian law
Thais Maria Lips
4 +2Law of courtsrhandler
4caselawxxxWm Steinmetz
4xxx lawLuiza Modesto
3judge-made law {of equitable relief}xxxAdrian MM.


Discussion entries: 1





  

Answers


14 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
praetorian law


Explanation:
Please see http://books.google.com/books?id=vwA9AAAAIAAJ&pg=RA1-PA591&l...

Thais Maria Lips
United States
Local time: 03:13
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 35

Peer comments on this answer (and responses from the answerer)
agree  Patricia Fierro, M. Sc.
28 mins
  -> Thanks Patricia:-)

agree  ResIpsaLoquitur
1 hr
  -> Thanks John

agree  Claudio Mazotti
3 hrs
  -> Thanks Claudio:-)

agree  Dilshod Madolimov
4 hrs
  -> Thanks Dilshod:-)
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33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Law of courts


Explanation:
"The law of courts fits itself in the position of making the loss punishment flexible, in the absence of the damage element".

Some partial examples:

JSTOR: The Fundamental Law and the Power of the Courts
The common law is and always has been the law of courts. The existence of any law apart from a court having power to interpret and declare it is wholly ...
http://links.jstor.org/sici?sici=0017-811X(191311)27:1<45:TF...

A Laboratory Investigation of Off-Fault Damage: Effects on Rupture ...
... distance beyond the damage element until the rupture displacement matched that expected for linear propagation in the absence of the damage element. ...
http://adsabs.harvard.edu/abs/2005AGUFM.S41B1002B

New York, New York-Frank Sinat - Reviews on RateItAll
For awhile, they played Sinatra's version when they won and Liza Minelli's version when they lost, I think. Wasn't the loss punishment enough? ...
www.rateitall.com/i-807066-new-york-new-york-frank-sinatra-...


rhandler
Local time: 04:13
Specializes in field
Native speaker of: Portuguese
PRO pts in category: 1302

Peer comments on this answer (and responses from the answerer)
agree  Humberto Ribas: Havia o Direito Civil estrito (o Direito Civil mais rigoroso) e o Direito Pretoriano veio adjuvandi, supplendi, vel corrigendi e juris civilis gratia. That's where mitigation comes in.
2 hrs
  -> Obrigado, Humberto, uma bela síntese!

agree  Dilshod Madolimov
4 hrs
  -> Obrigado, Dilshod!

agree  xxxalizestarfir
7 hrs
  -> Thank you, alizestarfire!

disagree  xxxWm Steinmetz: these citations are used in different *senses* than the asker's, and "law of courts" is not a legal term per se
1 day3 hrs
  -> No, they are not. The examples are mere illustrations of the expressions, they don't mean to match the asker's "sense", but they fit in the context. Most of the "disagrees" I receive, which are not many (2%), come from you. What is the problem?
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
xxx law


Explanation:
Law is not my cup of tea but this is what I understand:

The law will not necessarily confiscate an asset if the asset has not caused any damages.

Now you choose which law: Praetorian, Roman, Law of Courts. I honestly do not know.

Pena de perdimento: confiscation

Luiza Modesto
Brazil
Local time: 04:13
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 39
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
judge-made law {of equitable relief}


Explanation:
FHS Bridge's FR/EN Glossary for the equiv.: Judge-Made Law.

'The judge-made law provides equitable relief by adopting the position of relaxing the penalty of forfeiture, (AE) absent the element of harm/(BE) if the element of harm is lacking.

Eng. scenario: 'equity acts on the conscience and as a gloss on the rigours of the Common Law'.









Example sentence(s):
  • Com isso originou-se o Direito Pretoriano ou o Direito Honorário que veio amenizar a rigidez do Jus Civile dos primeiros tempos. ...

    Reference: http://www.direito.unisinos.br/~sandra/arquivos/trabalho_sob...
xxxAdrian MM.
Local time: 09:13
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 357
Grading comment
ta

Peer comments on this answer (and responses from the answerer)
neutral  xxxWm Steinmetz: judge-made law, but not equitable relief
20 hrs
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1 day3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
caselaw


Explanation:
Synonymy is revered in the legal language of many countries whose legal systems stem from Roman Law.

This is just a fancy way of saying "caselaw" or "judge-made law".

"Praetorian law" would be a misnomer here.



xxxWm Steinmetz
Brazil
Local time: 04:13
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
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Changes made by editors
Feb 28, 2008 - Changes made by xxxAdrian MM.:
Created KOG entryKudoZ term » KOG term


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