Actio in person

The actio in personam was a Iudex ad quem of Roman law .

With the actio in personam a relative right ( entitlement ) was pursued ( obligatio ). Mostly it was a matter of mandatory claims in the form of performance suits . In addition to contract law, the “obligation” could result from business and guarantor liability , as well as tort liability .

The praetoric legislative action distinguished itself from legal claims based on absolute rights - such as property - which was pursued through the actio in rem . According to the Twelve Tables Act , the opening of the proceedings could be brought about with the compulsory presentation of the obligated person before the praetor by the plaintiff, if the defendant culpably failed to follow the previous summons before the court ( in ius vocatio ).

See also

• List of actiones of Roman private law
• Latin in law
• Law in Ancient Rome
• Penalty action

literature

• Max Kaser : Roman private law . 2nd Edition. CH Beck, Munich / Würzburg 1971, ISBN 3-406-01406-2 , § 32, pp. 126-131, § 39, pp. 146-150, § 40, pp. 150-155.