Legis actio per condictionem

The legis actio per condictionem was a civil law process of the (early) republican process type of legislative actions . It is considered the forerunner of the later condictiones under the law of enrichment .

In contrast to older legislative actions, it was drafted abstractly, so it left open the reason for guilt. Another indication of an abstract version is provided by the high-class Gaius , because the lawsuit is said to have been set up for a not exactly known area of application of more recent laws.

The action was used in the case of maturities from stipulation and claims from the right to enrichment. Most of the time, disputes that arose from the credit system were triggered, such as the lender's request for repayment of the loan value date. A 30-day deadline was supposed to create space for the case to be settled amicably before the actio certae creditae pecuniae could then be used to negotiate. For this purpose, an appointment was made with the praetor in good time , on which the judge ( iudex ) should hear the dispute. If the defendant was defeated in the follow-up trial, he was threatened with arrest under the legis actio per manus iniectionem after a further thirty day period .

Legal source

Gaius : Institutiones : 4, 17b-20

literature

Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 4 no. 24.
Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 372.
Max Kaser / Karl Hackl : The Roman Civil Procedure Law : Verlag CH Beck, Munich 1996, second edition, ISBN 3-406-40490-1 , pp. 111–113.

Individual evidence

^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 4 no. 24.
^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 372.

[1] Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 4 no. 24.

[2] Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 372.