#Define actio pro#
#Define actio trial#
#Define actio free#

These had only to find that the sacramentum of the one party was iustum, that of the other iniustum.

#Define actio trial#

The pleadings and the case was then sent for trial to a iudex or body the calling in of witnesses to attest the issue raised by before the magistrate, closed up with litis contestatio, i. In both cases, whether theĪction was in rem or in personam, the proceedings Tort, and without vindicatory forms, the plaintiff asserting and the defendant denying theĭebt, and each then challenging the other to the customary wager. Personam, for the recovery of a definite sum owed, whether on contract or by reason of 23).īut according to the ordinary opinion, based on Gaius, Inst. Intervened, the latter used the forms of the vindicatio in libertatem Īnd Brinz conjectures that there was originally no other means of testing a question of debtīy actio sacramento (Grünhut's Zeitschr. Iniectio had been initiated against a debtor and a vindex 1, 2, 2.24) and provided that in suchĬases the smaller sacramentum of 50 asses shouldĪlways be employed. The Twelve Tables, assigned the custody of the person secundum Where a question of liberty was at stake, ancient usage, confirmed by Of the litigants, who presented sureties for its redelivery in case sentence should be assigned the person or thing in dispute to the custody of one Each party presented sureties ( praedes) for the But at this point the magistrate enjoined peace, and the antagonists challengedĮach other to wager a certain sum ( sacramentum, 50 or 500 asses, according to the value of the object in dispute) on the truth of their In all these vindicatory proceedings each party held a staff ( fistuca), which, according to Gaius, represented a spear ( quasi hastae loco), and the entire ritual suggested an impending appeal to the ordeal

#Define actio free#

he might assert that the personĬlaimed as slave or child or wife was really free from potestas or manus. Treated as proceedings in rem (family rights not being distinguishedįrom property rights) but here the vindicatio of one of the Cases of disputed right over wife or children, as over slaves, were Plaintiff asserted his right, and the defendant replied by a counter-assertion of right, theĪssertion in each case (and hence the action itself) being termed vindicatio. ( a) If a property right is in dispute ( actio in rem), the The forms varied according to the nature of the suit. The litigants stated their case by the use of set and formal phrases, accompanied byĬeremonial acts. If the latter refused toĬome he was treated as having confessed judgment, and the plaintiff might proceed to manus iniectio, a rule which insured prompt compliance with the plaintiff's 13-17.) The plaintiff summoned the defendant to appearīefore the magistrate- in ius vocatio. Obtaining a decision in a case of disputed right. It was the regular form of procedure ( actio generalis) for Per sacramentum), on the contrary, was from the outset a suit in the The legis actio sacramento (also sacramenti and

Judgment-debt, became simply a method of opening a suit- manus The debtor, if not iudicatus, was regularly permitted to dispute theĪrrest and act as his own vindex (lex Vallia), so that arrest, except on a Such cases the arrested debtor could not himself dispute the creditor's right: a vindex must intervene in his behalf, who, if defeated, became liable for

#Define actio pro#

Rendered- manus iniectio pro iudicato-but in otherĬases, e. 26-29), but the action by arrest was admissible wherever theĭefendant's right was technically clear, not only when judgment had actually been The action by distress wasĪdmissible only in certain special and peculiar cases where sacral or public interests were Pignoris capionem, the enforcement of a claim by distress, was wholly extrajudicial,Īnd legis actio per manus iniectionem, enforcement of a claim by theĪrrest of the debtor, involved merely a formal recognition by the magistrate that the arrest Imply the submission of the case to the judgment of a court: legis actio per They were not all suits in the modern sense, i. The legis actiōnes were the forms of procedure proper Original sense, it means proceedings taken to enforce a right. In the widest sense, actio means right of action, and is nearlyĮquivalent to ius in the sense of a private right.