Претор не штити кукавице: о двоструком карактеру принуде у римском и савременом домаћем праву

The subject of this paper is an attempt to highlight and analyze one of the controversial legal institutions of duress normatively, relying on a philological analysis of texts, historical legal, comparative and socio-political. First, the tendency is to present in detail the origin and development of this legal institution in the Roman law, with the necessary emphasis on the socio-political circumstances that led to it. The author tries to point out the relationship of mechanisms of protection against duress in the Roman law, noting the argument that the restitution and statement of claim did not function separately, but that the statement of claim had restitution role. At the same time the dual character is highlighted of duress, in the Roman law as shortcomings of will and private praetorian tort, and in domestic as public law and private law institution.