#Actio in ius concepta pro
#Actio in ius concepta free

he might assert that the personĬlaimed as slave or child or wife was really free from potestas or manus. Treated as proceedings in rem (family rights not being distinguishedįrom property rights) but here the vindicatio of one of the Cases of disputed right over wife or children, as over slaves, were Plaintiff asserted his right, and the defendant replied by a counter-assertion of right, theĪssertion in each case (and hence the action itself) being termed vindicatio. ( a) If a property right is in dispute ( actio in rem), the The forms varied according to the nature of the suit. The litigants stated their case by the use of set and formal phrases, accompanied byĬeremonial acts. If the latter refused toĬome he was treated as having confessed judgment, and the plaintiff might proceed to manus iniectio, a rule which insured prompt compliance with the plaintiff's 13-17.) The plaintiff summoned the defendant to appearīefore the magistrate- in ius vocatio. Obtaining a decision in a case of disputed right. It was the regular form of procedure ( actio generalis) for Per sacramentum), on the contrary, was from the outset a suit in the The legis actio sacramento (also sacramenti and Judgment-debt, became simply a method of opening a suit- manus The debtor, if not iudicatus, was regularly permitted to dispute theĪrrest and act as his own vindex (lex Vallia), so that arrest, except on a Such cases the arrested debtor could not himself dispute the creditor's right: a vindex must intervene in his behalf, who, if defeated, became liable for

#Actio in ius concepta pro

Rendered- manus iniectio pro iudicato-but in otherĬases, e. 26-29), but the action by arrest was admissible wherever theĭefendant's right was technically clear, not only when judgment had actually been The action by distress wasĪdmissible only in certain special and peculiar cases where sacral or public interests were Pignoris capionem, the enforcement of a claim by distress, was wholly extrajudicial,Īnd legis actio per manus iniectionem, enforcement of a claim by theĪrrest of the debtor, involved merely a formal recognition by the magistrate that the arrest Imply the submission of the case to the judgment of a court: legis actio per They were not all suits in the modern sense, i. The legis actiōnes were the forms of procedure proper

Original sense, it means proceedings taken to enforce a right. In the widest sense, actio means right of action, and is nearlyĮquivalent to ius in the sense of a private right.