Actio certae creditae pecuniae
The actio certae creditae pecuniae ( also treated as condictio certae creditae pecuniae among legal historians ) was an action for repayment in the field of verbal contracts in Roman law . With the lawsuit, the creditor of a claim was pursuing the repayment of the “amount owed” ( creditae certae pecuniae ), which regularly arose from loans ( mutuum ) or stipulation . The prerequisite was the non-fulfillment of the obligation when due. Under Roman law, the loan was granted free of charge, which is why interest agreements had to be made separately through stipulation. Interest ( usurae ) also had to be sued through the actio certae creditae pecuniae .
A special form was the irregular deposit , a mixed form of loan ( mutuum ) and custody agreement ( deposit ). Mixed contracts of this kind could be pursued with the actio depositi directa ( bonae fidei iudicium ), especially since interest agreements in this context could be made informally.
The lawsuit also applied to litteral contracts when liabilities had been converted into loans.
See also
Individual evidence
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 116.
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 208 f.