Actio de peculio

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The actio de peculio (for example: action with regard to the special property ) was a so-called adjectic action of Roman law . It came into play when the business owner was responsible for the debts of his victim of violence , such as house children or slaves . The prerequisite was that the ruler had given his subordinate a special property ( peculium ) for his own management, from which those liabilities could arise for which the ruler then had to represent.

The value of the peculium was viewed as the maximum credit document (limitation of liability). The praetor granted the creditors of the victim of violence the claim limited in amount to the value of the special good ( dumtaxat de peculio ). For the access of the obligee, however, the entire assets of the violent giver were liable (expansion of the liability mass). A majority of creditors were satisfied in the order in which they filed their claims.

See also

literature

Individual evidence

  1. Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 36.
  2. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 321 f.