Condictio triticaria

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The condictio triticaria ( Latin : triticum = wheat ) described in the Roman form process the action brought by the lender against the borrower. The plaintiff pursued by that condictio the recovery of a loan granted ( mutuum ).

The section of the formula which reproduced the pursued demand ( intentio ) was not for money, but for wheat (which gave the complaint its name) . In the judgment ( condemnatio ) provided by the formula , the judge ( iudex ) had to estimate the monetary value of the non-monetary claim in order to be able to convict. The rule was that the reclaim was directed towards a certum , so the amount of care had to correspond to the amount of the reclaim.

This was later generalized for all lawsuits, because the scope extended to moveable property that had to be returned in the same quantity and quality. In the Justinian law of late antiquity , the lawsuit even covered transactions relating to the transfer of ownership of land and easements established on them .

literature

Individual evidence

  1. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 116.
  2. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 209.
  3. ↑ corresponds to the current legal character of a generic debt : is to be performed according to "the same type and quality".
  4. ↑ D. 13,3,1 pr .;
    Anja Steiner: The Roman solidarity bonds. A new visit under aspects of action law (= Munich contributions to papyrus research and ancient legal history, Verlag CH Beck, Munich, 2009, ISBN 9783406592607 , Litteral contract, No. 54 f.) Online