PREMISELE UNUI ALT MODEL JURIDIC EUROPEAN? DESPRE DEPĂȘIREA ANTITEZEI CONSERVATORISM-PRAGMATISM ÎN DREPTUL ROMAN CLASIC.

European legal systems are tributary, to a greater or lesser extent, to Roman law, according to stages of reception in different historical eras. It is, more precisely, about Roman law as conceived by Justinian - a mass of norms elaborated and imposed for application by the autocratic emperor, which Savigny considered a manifestation of decadence. The present article aims to analyse the singular model which, ensuring the overcoming of the conservatism-pragmatism antithesis, led, in the classical era, to the evolution of Roman civil law towards the peak of intellectual sophistication whose shadow can be glimpsed in the Corpus iuris civilis. We are referring to the joint action of two mechanisms: on the one hand, the edict that the judicial magistrate (praetor) published by virtue of his power (imperium) and which contained the formulas according to which the judicial procedure was carried out according to the lex Aebutia (iurisdictio contentiosa) and, on the other hand, to the activity of the prudent, whose consultations (responsa) provided them with the necessary authority (auctoritas) to interpret the civil law (interpretatio). [ABSTRACT FROM AUTHOR]