An action for the purpose of compelling a defendant to exhibit a thing or title in his power. It was preparatory to another action, which was always a real action in the sense of the Roman law; that is, for the recovery of a thing, whether it was movable or immovable. Merl. Quest, tome i. 84. … [Read more...] about ACTIO AD EXHIBENDUM
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ACTIO DE PECULIO
An action concerning or against the peculium, or separate property of a party. … [Read more...] about ACTIO DE PECULIO
ACTIO IN FACTUM
An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin of these actions is similar to that of actions on the case at common law. … [Read more...] about ACTIO IN FACTUM
ACTIO PERSONALIS MIORITUR CUM PERSONA
That a personal action dies with the person, is an ancient and uncontested maxim. But the term personal action, requires explanation. In a large sense all actions except those for the recovery of real property may be called personal. This definition would include contracts for the payment of money, which never were supposed to die with the person. The maxim must therefore be … [Read more...] about ACTIO PERSONALIS MIORITUR CUM PERSONA
ACTIO AESTIMATORIA; ACTIO QUANTI MINORIS
Two names of an action which lay in behalf of a buyer to reduce the contract price, not to cancel the sale; the judex had power, however, to cancel the sale. Hunter, Rom. Law, 332. … [Read more...] about ACTIO AESTIMATORIA; ACTIO QUANTI MINORIS
