List of actiones of Roman private law

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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

See also