Manus iniectio
The manus iniectio (Latin for the laying on of hands) is the institute of enforcement proceedings in early Roman law . It denotes the ritual grasping of an accused ( manus iniectio ) after a previous judgment and is already documented by the Twelve Tables Act . Thus it belongs to the oldest fixed form of the Roman process, the legislative procedure . The enforcement procedure was carried out by means of the legis actio per manus iniectionem .
For this on panel I of the Twelve Tables Act:
- Si in ius vocat, ito. Ni it, antestamino. Igitur em capito.
- If he (another) calls to court, let him (the other) go.
- If he (the other) does not go, witnesses should be called in.
- Then he should take it.
The aim of the manus iniectio was to persuade an accused to come before the judge. Only he could accept or reject a lawsuit ( datio / denegatio actionis ).
A surety ( vindex ) could intervene and withdraw the defendant's access, but the prerequisite for this was that the underlying debt had not already been fulfilled via a loan ( certa pecunia ).
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau study books) ISBN 3-205-07171-9 , p. 373 f.
- Wolfgang Kunkel / Martin Schermaier : Roman Legal History , 14th revised edition. Böhlau, Cologne et al. 2005, ISBN 3-412-28305-3 , ( UTB 2225 legal history , ISBN 3-8252-2225-X , ISSN 0340-7225 ), content
Individual evidence
- ^ A b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 373 f.