Trans tiberim

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Trans tiberim ( Latin = 'over the Tiber') denoted a possible consequence of liability from the Roman law of obligations, which was standardized in the Twelve Tables Act . This from a part (obligatio) backward extending private law legal consequence hit the defaulting debtor, which by the self-pledging his person ( nexum ) of the civil rights forfeited went and by the method of the legis actio per manus iniectionem as a slave could be sold abroad. In the later principate era, this punishment probably culminated in debt bondage .

This so-called final execution of personnel was first preceded by legal proceedings and the judgment of the praetor , which granted the debtor a payment period of 30 days. After the deadline, the debt either had to be repaid or the payment obligation had to be assumed by a guarantor (vindex) who guaranteed double the amount.

If no such compensation could be brought about after expiry of the deadline, the praetor gave the creditor the right to fix the debtor for a period of 60 days. The believer was now legitimized by the praetor to exercise his own private power. Therefore, the obligee also had to cover the costs of an escape-safe detention of the debtor from his own resources. This also included the necessary food for the prisoner.

If the 60 days had passed without triggering the arrest, as a last measure ( ultima ratio ) before the sale abroad, the creditor had to present the prisoner to the public up to three times on a market day. In the presence of the praetor, everyone was given the opportunity to release the person by paying the debt. It has been handed down that the debtor was able to avert the measure against himself by selling his children.

In addition to the insolvent debtor, the thief who was caught in the act ( for manifestus ) could also be sold abroad as a slave after the court magistrate had transferred the alleged perpetrator to the power of disposal of the stolen person without prior legal proceedings.

See also

Individual evidence

  1. ↑ Max Kaser: The Roman civil procedure law. 2nd, completely revised and expanded edition. CH Beck, Munich 1996, p. 143.
  2. ^ Wolfgang Kunkel, Martin Schermaier: Roman legal history. First section: the right to twelve tables. 13th, revised edition. Böhlau, Cologne et al. 2001, p. 43.
  3. ^ Max Kaser: The Roman private law. 2nd, revised edition. CH Beck, Munich 1971, pp. 150-155.

literature

  • Max Kaser : Roman private law. Section 1: Ancient Roman, Pre-Classical and Classical Law (= Handbook of Classical Studies . Section 10: Legal History of Antiquity. Part 3, Vol. 3). 2nd, revised edition. CH Beck, Munich 1971, ISBN 3-406-01406-2 .
  • Max Kaser: The Roman Civil Procedure Law (= Handbook of Ancient Studies. Section 10: Legal History of Antiquity. Part 3, Vol. 4). 2nd, completely revised and expanded edition, reworked by Karl Hackl. CH Beck, Munich 1996, ISBN 3-406-40490-1 .
  • Wolfgang Kunkel , Martin Schermaier : Roman Legal History (= UTB . 2225). 13th, revised edition. Böhlau, Cologne et al. 2001, ISBN 3-8252-2225-X .
  • Robert M. Ogilvie : The early Rome and the Etruscans (= dtv. 4403). Deutscher Taschenbuch-Verlag, Munich 1983, ISBN 3-423-04403-9 (original edition: Early Rome and the Etruscans (= Fontana History of the Ancient World. 1, ZDB -ID 423666-x ). Harvester Press, Hassocks 1976).