Actio arbitraria
The actio arbitraria is a form of action under Roman law . It leads to a two-stage conviction of the defendant. In a first step, the praetor expresses the obligation of the unsuccessful defendant to pay damages in the form of in rem restitution . If the defendant fulfills this obligation, he will be acquitted in the final judgment. If the satisfaction of the creditor does not, then the defendant to be payment , where applicable, the multiple of the actual damage convicted.
The design of a certain form of action as actio arbitraria has various motives: For example, the fact that in the end there is an acquittal judgment if the person concerned pays compensation protects the debtor who is concerned about his reputation. In addition, it should be taken into account that, according to the Roman understanding , a number of performance actions were necessarily aimed at monetary payments, so that the arbitrarial action represented an opportunity to nevertheless provide the creditor with satisfaction in kind.
Examples of arbitrary actions: actio auctoritatis , actio de dolo .
See also
literature
- Rudolph Sohm : Institutions: A textbook on the history and system of Roman private law. Duncker & Humblot, Leipzig 1898. (BoD - Books on Demand, 2017, § 53, p. 267)