Actio auctoritatis
The actio auctoritatis ( auctoritas: guarantee ) referred to in Roman law the warranty obligation of the seller through Mancipatio for legal defects .
The auctoritas is a special liability in terms of legal history, as it neither had to be expressly justified by those involved nor was it expressed in any way in the deal that it generated. Rather, the manipulation resulted from the ipso iure obligation for the seller to protect the purchaser from the loss of the sold object, which threatened third party property rights. To this end, the seller of the thing joined the buyer in the lawsuit brought against him by the third party as an "amplifier" for his legal status in order to provide evidence of his original property right.
The auctoritas liability goes back to an early anchoring in the XII tablets . As part of the vulgarization of post-Diocletian legal thought, legal transactions for the transfer of ownership in the formal-misconduct style were deleted from the legal systems, so that the lawsuit, as evidenced by the 533 published digests , became obsolete.
See also
literature
- Detlef Liebs : Jurisprudence in late antique Italy (260-640 AD) (= Freiburg legal-historical treatises. New series, volume 8). Duncker & Humblot, Berlin 1987.
Individual evidence
- ↑ a b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 149–153 (p. 150 f. ).
- ^ Rafael Brägger: Actio auctoritatis . Freiburg jurisprudential treatises. New series (FRA), vol. 67, 2012, p. 15. ISBN 978-3-428-13926-2
- ↑ a b Ulrich Manthe : History of Roman Law (= Beck's series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , p. 25 f.
