List of actiones of Roman private law
- D. 44,7,51 (Celsus libro tertio digestorum)
Nihil aliud est actio quam ius quod sibi debeatur, iudicio persequendi.
- The actio is nothing other than the right to judge what is owed to you.
The Roman law did not differentiate between civil law and civil procedure . Rather, according to Roman legal understanding, procedural enforcement was an essential characteristic of a claim (see formal law ). It follows from thinking in terms of action law that every real or mandatory right corresponds to a certain actio in rem or actio in personam .
Even if the action system lost its importance with the disappearance of the form process from Roman legal practice, many of these actions still represent the basic principles of applicable private law.
actio | Plaintiff | Defendant | Purpose of action |
---|---|---|---|
actio ad exhibendum (1) | Owner A | Owner B | Separation of composite things in material connections without consent |
actio ad exhibendum (2) | owner | owner | Presentation of the matter in court as a means of exerting pressure on rei vindicatio |
actio ad supplendam legitimam | disadvantaged inheritance | further heirs | Inheritance amount of the compulsory portion |
actio aquae pluviae arcendae | Property owner (lower lying) | Land owner (higher) | New regulation of the impaired rainwater drainage |
actio auctoritatis | Acquirer through mancipatio | Manzipant | Liability for undisturbed possession of manicured things |
actio certae creditae pecuniae | Lender | Borrower | Repayment of the money loan |
actio civilis | Action from the realm of ius civile | ||
actio commodati contraria | Borrower | Lender | Compensation for expenses, damages |
actio commodati directa | Lender | Borrower | Returns, compensation |
actio communi dividundo | owner | Co-owner | Division of co-ownership, billing |
actio conducti (1) | Tenants, tenants | Landlord, lessor | Surrender of use, interest reduction, interest repayment, compensation |
actio conducti (2) | Employer | Employee | Performance, compensation |
actio conducti (3) | Entrepreneur | Orderer | Remuneration for services rendered from the contract for work |
actio confessoria ( vindicatio servitutis ) | Serviceman | owner | Establishing and enabling the exercise of servitude |
actio contraria | Counterclaim from a legal relationship | ||
actio de deiectis vel effusis | Injured party | Householder | Liability for things that have fallen out of the apartment |
actio de dolo ( actio doli ) | Disadvantaged | Malicious doer | Compensation |
actio de in rem verso | creditor | enriched rulers | Liability from transactions of the victim of violence |
actio de pauperie | Injured party | Animal owner | Liability for damage caused by animals |
actio de peculio | creditor | Rulers | Liability for a peculium granted to the victim of violence |
actio depensi | guarantor | Principal debtor | Recourse after payment to the obligee |
actio depositi contraria | Depositary | Depositor | Compensation for expenses, damages |
actio depositi directa | Depositor | Depositary | Returns, compensation |
actio de posito vel suspenso | Everyone (popular lawsuit ) | Endangering | Liability for dangerous setting up or hanging of things on the house |
actio de tigno iuncto | owner | Site manager | Compensation for the value of building material in the event of improper use |
actio directa | Main action from a legal relationship | ||
actio doli ( actio de dolo ) | Disadvantaged | Malicious doer | Compensation |
actio empti | Buyers | Seller | Performance of the purchase object, ancillary services, conversion / reduction, compensation |
actio ex stipulatu | creditor | debtor | Achievement or interest from a stipulation |
actio ex testamento | legatee | Inherit | Fulfillment of an obligatory legacy (damnation legate) |
actio familiae erciscundae | Heritage in community of heirs | Co-heirs | Distribution of inheritance, accounting |
actio fiduciae contraria | Trustee (fiduciary) | Trustor (fiduciary) | Compensation for expenses, damages |
actio fiduciae directa | Trustor (fiduciary) | Trustee (fiduciary) | Transfer back, compensation for damages, return of a profit in the event of a sale |
actio finium regundorum | Property owner | Property owner | Boundary adjustment |
actio furti | Owner, person liable for security (custodia) | Thief | Penance for theft |
actio honoraria | Lawsuit from the area of ius honorarium | ||
actio in factum | Complaint newly created by the praetor , complaint tailored to the specific circumstances | ||
actio in factum concepta | Complaint formula with a list of individual elements of the offense | ||
Actio iniuriarum | Injured | Damaging party | Penance for iniuria (willful bodily harm and defamation) |
actio in person | mandatory lawsuit - access to a specific person | ||
actio in rem | action in rem - access to a certain thing | ||
actio legis aquiliae | Injured party | Damaging party | Penalty and compensation for property damage |
actio locati (1) | Landlord, lessor | Tenants, tenants | Returns, interest payment, compensation |
actio locati (2) | Employee | Employer | Remuneration for the services provided under the service contract |
actio locati (3) | Orderer | Entrepreneur | Execution, compensation |
actio mandati contraria | Commissioner (mandate) | Client (client) | Reimbursement of expenses |
actio mandati directa | Client (client) | Commissioner (mandate) | Billing, compensation |
actio mixta | Comprising mixed action, fine and property settlement | ||
actio negatoria | owner | on servitude or right to immissions of presumptuous | Clarification of the existence / non-existence of limited real rights and termination of the disruptions |
actio negotiorum gestorum contraria | executive Director | Business owner | Reimbursement of expenses from the management without an order |
actio negotiorum gestorum directa | Business owner | executive Director | Billing, compensation from the management without an order |
actio noxalis | Injured party | Rulers | Liability for crimes committed by the victim of violence |
actio Pauliana | Trustee, bankruptcy creditor | Debtor, partner of the debtor | Liability for creditors discrimination ( fraus creditorum ) |
actio perpetua | open-ended lawsuit | ||
actio pigneratitia in personam contraria | Pledgee | Pledger | Compensation for expenses, compensation for damages, replacement deposit |
actio pigneratitia in personam directa | Pledger | Pledgee | Returns, compensation for damages, surrender of profits gained on sale |
actio poenalis | Penalty action | ||
actio popularis (popular complaint ) | Anyone | Lawsuit that could be brought by anyone | |
actio Publiciana | civil, praetoric owner, presidential owner | owner | Property release |
actio praescriptis verbis | Contracting party providing the services A | Contractual partner B | Provision of the consideration for Innominatreal contracts |
actio pro socio | Partner (socius) | other shareholders | Billing |
actio quanti minoris | Buyers | Seller | Price reduction due to material defects within 12 months |
actio quod metus causa | Threatened | Threatening | Penance for legal acts carried out under threat |
actio redhibitoria | Buyers | Seller | Conversion of the purchase contract due to material defects within six months |
actio rei uxoriae | wife | Ex-husband, heir to the husband | Handing over the dowry (Dos) |
actio Serviana ( vindicatio pignoris , actio pigneratitia in rem ) | Pledge holder | Pledger, third party | Release |
actio temporalis | temporary action | ||
actio tutelae contraria | Legal guardian | ward | Reimbursement of expenses |
actio tutelae directa | ward | Legal guardian | Billing, compensation |
actio utilis | the praetor's complaint was usually modified in wording by analogy | ||
actio venditi | Seller | Buyers | Purchase price payment |
actio vi bonorum raptorum | owner | robber | Repent for robbery |
condictio | strict legal actio from an obligatory legal relationship | ||
condictio (1) | creditor | debtor | Achievement, material value of the promised from a stipulation |
condictio (2, actio certae creditae pecuniae ) | Lender | Borrower | repayment |
condictio causa data non secuta ( condictio ob causam datorum ) | giver | unjustifiably enriched recipient | Reclamation of the performance in the event of a lack of purpose |
condictio furtiva | owner | Thief | Return, replacement of property due to theft |
condictio indebiti | giver | unjustifiably enriched recipient | Reclaim for payment on a non-fault |
condictio ob causam datorum ( condictio causa data non secuta ) | giver | unjustifiably enriched recipient | Reclamation of the performance in the event of a lack of purpose |
condictio ob causam finite | giver | unjustifiably enriched recipient | Reclaim of the performance because the causa no longer applies |
condictio ob iniustam causam | giver | unjustifiably enriched recipient | Reclaim of benefits due to illegality |
condictio ob turpem causam | giver | unjustifiably enriched recipient | Reclamation of performance due to immorality |
condictio sine causa | giver | unjustifiably enriched recipient | Reclaim of the benefit due to missing causa |
condictio triticaria | Lender | Borrower | Recovery of grain loans |
iudex, qui litem suam fecit | Litigant | Judge | Liability for breaches of duty in the process |
querela inofficiosi testamenti | abbreviated inheritance | further heirs | Contesting the will |
rei vindicatio | civil owner | owner | Publication, ancillary services |
vindicatio servitutis ( actio confessoria ) | Serviceman | owner | Establishing and enabling the exercise of servitude |
vindicatio ususfructus | Usus fructar | owner | Establishing and enabling the exercise of usufructuary rights |
literature
- Apathy, Peter; Klingenberg, Georg; Stiegler, Herwig: Introduction to Roman Law . 2. verb. Aufl., Vienna: Böhlau, 1975. ISBN 3-205-98950-3
- Benke / Meissl: Exercise book Roman law of obligations . Manz'sche Verlags- u. University Bookstore , 2009. ISBN 3-214-14959-8
- Moriz Wlassak , Rudolf Leonhard : Actio . In: Paulys Realencyclopadie der classischen Antiquity Science (RE). Volume I, 1, Stuttgart 1893, Col. 303-325.