Condictio certae rei

The condictio certae rei (German: surrender of a certain thing ) describes in the Roman form process of the time of the principate the specific action of the creditor for the procurement of ownership or transfer of possession of a certain thing.

The obligation arose mainly from the legal relationship of stipulation , which, as a verbal contract, had a formal promise of performance as its object. The prerequisite was already in ancient times that the debtor had not yet performed the transfer or transfer of ownership when due .

literature

• Susanne Hähnchen : The causa condictionis: a contribution to the classical Roman law of condictions , Duncker & Humblot, Berlin 2003, ISBN 3-428-10923-6 .
• Max Kaser , Rolf Knütel : Roman private law: a study book . Beck, Munich 2014, ISBN 978-3-406-65672-9 .
• Adolfo Wegmann Stockebrand: Obligatio re contracta: a contribution to the so-called category of real contracts in Roman law . Ius Romanum Vol. 4., Mohr Siebeck, Tübingen 2017, ISBN 978-3-16-154494-1 . Obligatio re contracta in the google book search