CHAPTER VII ACTIONS (De actionibus) I.

CIVIL PROCEDURE Action - RIGHT OF SUING before a judge for that which is DUE a person. Three (3) Principal Systems: 1. Legis Actiones - procedure fixed by Statutory law. 2. Formulary Procedure 3. Extra Ordinem Procedure Legis Actio - characterized by ritualism with religious significance. Two (2) parts of Legis Actio: 1. In jure - ritualism. - under the control of a MAGISTRATE. 2. Under the control of an iudex or fact finder. Kinds of Actions: 1. As to BASIS: A. Actio in rem (REAL Actions) - A person claims against the WHOLE WORLD, a thing corporeal or incorporeal as his. B. Action in personam (PERSONAL Action) - brought against a PARTICULAR PERSON by virtue of his liability on an obligation. C. Mixtae (MIXED Action) - partly real and partly personal. Some of the Actio in rem (Real Actions): 1. Vindicatio - asserted or vindicated his TITLE to a thing against the WHOLE WORLD. 2. Actio Confesoria - action bringing a CLAIM as to the EXISTENCE of a servitude and seeking its enforcement.

Negutoria . According to ORIGIN: A.action given against BANKERS (argentarii) who promised to satisfy the demands of a creditor of one of their customers. Actio Quasi. empti and venditi .to get possession of some properties of a FARMER which are held as PLEDGE to secure the rent of the land. 2. Praetorian . had sworn that the facts on which he predicated his claim or defense were true. 4. Bona fidei .which arise jus civile. 2. 4.action for the purpose of ASCERTAINING whether a party to a suit. Actio Pauliana .action to RESCIND a sale of property made for the purpose of defrauding creditors.action brought by an OWNER of a PROPERTY for the purpose of reclaiming a servitude over it. Actio Publiciana .the magistrate determined the rights of the parties in the light of equitable consideration: 1. 3.action against FATHERS and MASTERS who are liable to the extent of the peculium of their sons in ??? or slaves for the obligations they have contracted. 4.3. De jure jurando .An individual exercising usucapio has LOST POSSESSION and was allowed by the PRAETOR to file a suit as if the continuity has never been broken. Civil .Serviana . According to the POWERS given to the JUDGE: A. Actio receptititia . 3. Petitio Hereditatis . Actio de constituta pecunia . Actio de peculio . 2.purchase and sale. when challenged to do so.action where CREDITORS SUE for things pledged or mortgaged to them. B. .usucapio was rescinded. Actio Serviana .action claiming his INHERITANCE. Actions introduced by the Praetor: 1. 5. Five (5) Kind of Real Actions instituted by the Praetor: 1.to ENFORCE the PACT made for the payment of a sum already due. 3.enforceable by magisterial decree. Rescissoria .

5. As to LIABILITY: A.in recovery of inheritance.in pledge.management of affairs of another without agreement. pigneraticia .in commodatum. As to OBJECT to be RECOVERED:      Simplum . B. hereditatis petitio .value sought to be recovered is twice that of the object in litigation. 11.to do an act for another. Actiones arbitrariae .in partition among heirs.in tutorship and guardianship. 3. depositi.in division of properties owned in common. familia erscicundae . 4. 6.plaintiff seeks the imposition of a penalty upon the defendant.value of the thing in litigation is what is claimed for. 9. Actio rei persequendae causa .plaintiff seeks to recover a definite thing.the intentio of the formula appeared in its original form as set out in the law creating it or in the edict of the praetor. C. Directa . 4. B. As to FORM: A. Persona persequendae causa . tutela .the magistrate issued an order with defendant to do something or make the restitutio.in negotiorum gestio. 7.in deposits.brought against a person on the basis of his personal liability.the parties were bound by means of a stipulation to the strict performance of their corresponding obligation. 8. pro socio . 6. 12. 10.2.the magistrate alters the terms of the formula in order to suit the facts of the case. negotiorum gestorum . Directa . commum dividundo . 5.both the recovery of the thing and the imposition of a penalty upon the defendant were sought. Action Mixtae . Stricti juris . . mandati in mandatum . Utilis . Duplum . commodati.in partnership. locati and conducti .

for it often happens that the action of the plaintiff may be unjust as regards the person against whom it is brought. As to PRESCRIPTION: GR: Senatusconsultum/ Constitution . it is applicable to anyone and privatae.temporales. everyong placed in loco heredis. .interdicts given to acquire or retake something. (annus utilis/ annually). 7. Exhibitory Interdicts . or those appreciable only to particular persons or particular things. Exceptions (De Exceptionibus) Exceptions .action against the owner of an animal that caused damage.interdicts to retain something. barred if not brought within a certain period.means of defense for those against whom an action is brought. Praetorian Actions . Adjectitia Qualitatis . Plus petitio . Confesi . XPN: Actions given to bonorum possessor.are prohibitoria if they forbade something to be done.perpetual. ordering or prohibiting something to be done. Litis contestatio . Retinandi .agreement between parties to a litigation (lis) to submit their dispute to judex.ORDERS issued by the PRAETOR in the exercise of his MAGISTERIAL FUNCTIONS. and also the praetorian action for furtum manifestum were perpetual.B.the praetor orders something to be restored to a bonorum possessor.the praetor orders the production of a person or object.a defendant in action for a sum of money admitted his liability.claiming too much in amount or too soon resulted in the loss of right of action or prevented another action. . no limit to the time which they ought to be brought. C.were populare.brought against an individual by reason of a liability caused by a person related to him. . Acipiscendae/ Reciperandae . Interdicts (De Interdicts) Interdicts . De pauperis . Restitutory Interdicts .

(GR) Persons EXCLUDED from bringing a Criminal Action: . composed of judges according to the number required in the particular law violated. Judiciary (De Officio Judicis)    Roman law also imposed PENALTIES on JUDGES who decide cases contrary to law. CRIMINAL PROCEDURE A.system of investigation of a crime introduced.took charge of the trial of cases. Plaintiff was RESTRAINED from recklessly bringing an action not only of being calumny.exercised plenary jurisdiction over all offenses committed within the city and suburbs.actions which may be generally instituted by any citizen. Republican Period Consuls .court. B. Emperor HADRIAN made appeal to the SENATE final. Comitia Centuriata -acted as court for the people. Quaestio pecuniae repe-tundoe . During imperial regime. Imperial Period Judicia Publica . was made to pay a tenth of what he claimed. pecuniary penalties or sometimes infliction of infamy were imposed.court.order called by a praetor after injury to rescind a transaction which had prejudiced the legal position of the applicant and to restore the former position of the parties (status quo ante). NOTE:    In order to prevent RECKLESS or UNJUST LAWSUITS. Praefectus urbis . the constitutions or the customary usage. the Emperor was the SUPREME JUDGE of the APPEAL.Restitutio in integrum . even if he had honestly brought the action. Public Prosecutions (De Publicis Judiciis) Public Prosecutions (publici judicia) . II. Quaestio . The UNSUCCESSFUL PLAINTIFF.

the DESIGN. 2. knowingly and maliciously. Lex Julia de residuiis .made to REPRESS combination for heightening prices of provisions. Made infamous by a judicial sentence. .striking with the sworn of VENGEANCE. Lex Julia de Adulteris . injury complained of was done to themselves or near relations. Lex Julia de annona . MURDERERS and those armed with a TELUM for the purpose of KILLING A MAN. Lex Cornelia de sicariis . . Lex Julia de vi publica seuprivata . or any other relation included in PARRICIDE.by HATEFUL ACTs. 3.punished those who have stolen public money or property or anything sacred or religious. Lex Julia Magistalis . Below the age of puberty. was enough to sustain the charge.1. or impressed a false seal.death penalty was imposed on those guilty of ADULTERY and those who give themselves up to LEWDNESS with their own sex. or any other instrument.punished magistrates or judges receiving bribes.punished those who sought OFFICES with the ILLEGAL METHODS. without any overt act.anyone who HASTENED the DEATH of a PARENT or CHILD. use POISONS or MAGIC CHARMS to KILL MEN or publicly sell HURTFUL DRUGS. .punishes anyone who has written. Lex Cornelia de falsis .punished those who are guilty of VIOLENCE. Lex Julia de ambitus . sealed or substituted a false testament. or shall have made. and whoever is an ACCOMPLICE of the crime. Lex Julia Repentundarum .subject to a punishment of DEATH and of INFAMY all who attempt anything against the EMPEROR or STATE.punish those who gave an INCOMPLETE ACCOUNT of a misappropriated public money committed to their charge. So poor as not to possess fifty aurei. 4. Lex Pompeia de paricidiis . Lex Julia peculatus .

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