Actio quod metus causa
The actio quod metus causa (Latin metus = compulsion) served in ancient Roman law as a legal remedy for restoring the old state ( restitutio in integrum ) if a shift in property had been carried out due to compulsion. The penal action , which is fourfold in value, pursued (according to today's understanding) the offense of extortion . After a year, it was reduced to the simple amount of the financial disadvantage suffered, because legal peace should come about quickly. The injuring party had the option of avoiding a conviction by voluntarily returning the coerced item to the injured party or by providing compensation through restorative measures.
The actio quod metus causa included third parties in its scope if they themselves had not exercised any coercion, but benefited from it.
The republican politician and praetor Lucius Octavius , author of the formula octaviana ( praetoric edict ), is considered to be the author of the appeal . The exceptio metus was formulated as an objection .
Individual evidence
- ^ A b Heinrich Honsell : Römisches Recht, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 176.
- ↑ a b c Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 287 f.
