Actio commodati contraria
In ancient Roman law, the actio commodati contraria was a counterclaim from a loan agreement .
The lender could request the return of the item and, if necessary, compensation with actio depositi directa . In contrast to the mutuum real contract, loan agreements were not strictly one-sided. Therefore, the borrower could defend himself by means of the actio commodati contraria and claim reimbursement of expenses and, if necessary, claims for damages. This mainly concerned the treatment costs incurred for the borrowed slave or the costs of eliminating defects in the case of defective loaned objects.
Individual evidence
- ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 218.
