Actiones utiles e in factum bitcoin

With respect to its subject-matter, the actio actiones utiles e in factum bitcoin divided into its two great divisions, the in personam actioand the in rem actio.

The in personam actio was against a person who was bound to the plaintiff by contract or delict, that is, when the claim against such person was ' dare, facere, praestare oportere ;' the in rem actio applied to those cases where a man claimed a corporal thing corporalis res as his property, or claimed a right, as for instance the use and enjoyment of a thing, or the right to a road over a piece of ground actus.

The old actions of the Roman law were called legis actionesor legitimaeeither because they were expressly provided for by laws legesor because they were strictly adapted to the words of the laws, and therefore could not be varied.

In like manner, the old writs in England contained the matter or claim of the plaintiff expressed according to the legal rule. But these forms of action gradually fell into disuse, in consequence of the excessive nicety required, and the failure consequent on the slightest error in the pleadings; of which there is a actiones utiles e in factum bitcoin example given by Gaius himself IV. The Lex Aebutia and two Leges Juliae abolished the old legitimae actionesexcept in the case of actiones utiles e in factum bitcoin infectum [ Damnum infectum ], and in matters which fell under the cognizance of the Centumviri.

Appius Claudius Caecus, perhaps one of the earliest writers on law, drew up the various forms of actions, probably for his own use and that of his friends: Flavius, who made it public; and thus, according to the story, the plebeians became acquainted with those legal forms which hitherto had been the exclusive property of the patricians Cic.

Upon the old legal actions being abolished, it became the practice to prosecute suits according to certain prescribed forms or formulaeas they were called, which will be explained after we have noticed various divisions of actions, as they are made by the Actiones utiles e in factum bitcoin writers. The division of actiones in the Roman law is somewhat complicated, and some of the divisions must be considered rather as emanating from the schools of the rhetoricians than from any other source.

But this division, though complicated, may be somewhat simplified, or actiones utiles e in factum bitcoin least rendered more intelligible, if we consider that an action is a claim or demand made by one person against another, and that in order to be a valid legal claim it must be founded on a legal right.

The main division of actions must therefore have a reference or analogy to the main division of rights; for in every system of law the form of actiones utiles e in factum bitcoin action must be the expression of the legal right. Now the general division of rights in the Roman law is into rights of actiones utiles e in factum bitcoin or ownership, which are rights against the whole world, and into rights arising from contract, and quasi contract, and delict. The actio in rem implies a complainant, who claims a certain right against every person who may dispute it, and the object and end of the action are to compel an acknowledgment of the right by the particular person who disputes it.

By this action the plaintiff maintains his property in or to a thing, or actiones utiles e in factum bitcoin rights to a benefit from a thing servitutes. Thus the actio in rem is not so called on account of the subject-matter of the action, but the term is a technical phrase to express an action which is in no way founded on contract, and therefore has no determinate individual as the other necessary party to the action; but every individual who disputes the right actiones utiles e in factum bitcoin, by such act of disputing, a party liable to such action.

The actio in rem does not ascertain the complainant's right, and from the nature of the action the complainant's right cannot be ascertained by it, for it is a right against all the world; but the action determines that the defendant has or has not actiones utiles e in factum bitcoin claim which is valid against the plaintiff's claim.

The actio in personam implies a determinate person or persons against whom the action lies, the right of the plaintiff being founded on the acts of the defendant or defendants: The actio mixta of Justinian's legislation Inst. Such was the action among co-heirs as to the division of the inheritance, and the action for the purpose of settling boundaries which were confused.

Rights, and the modes of enforcing them, may also be viewed with reference to the sources for which they flow. Thus, the rights of Roman citizens flowed in part from the sovereign power, in part from those to whom power was delegated. The jus honorarium introduced new rights and modified existing rights; it also provided remedies suitable to such new rights and modifications of old rights, and this was effected by the actions which the praetors and aediles allowed.

On this jurisdiction of the praetors and aediles is founded the distinction of actions into civiles and honorariaeor, as they are sometimes called, praetoriaefrom the greater importance of the praetor's jurisdiction. There were several other divisions of actions, all of which had reference to the forms of procedure. If the object was to obtain a thing, the action was called persecutoria. If the object was to obtain damages poena for an injury, actiones utiles e in factum bitcoin in the case of a thing stolen, the action was poenalis ; for the thing itself could be claimed both by the vindicatio and the condictio.

If the object was to obtain both the thing and the damages, it was probably sometimes called actio mixtaa term which had however another signification also, as already observed. The division of actiones into directae and utiles must be traced historically to the actiones fictitiae or fictions by which the rights actiones utiles e in factum bitcoin action were enlarged and extended. The origin of this division was in the power assumed by the praetor to grant an action in special cases where no action could legally be brought, and in which an action, if brought, would have been inanis or inutilis.

After the decline of the praetor's power, the actiones utiles were still extended by the contrivances of the juris prudentes and the rescripts of the emperors. Whenever an actio utilis was granted, it was framed on some analogy to a legally recognized right of action. Thus, in the examples given by Gaius IV. Actions were also divided into ordinariae and extraordinariae. When the whole matter was settled before or by the praetor in a summary way, the name extraordinaria was applicable to such action.

As opposed to bonae fidei actionescondictiones were sometimes called actiones stricti juris. In the actiones stricti juris it appears that the formula of the praetor expressed in precise and strict terms the matter submitted to the judexwhose authority was thus confined within limits. The actiones arbitrariae were so called from the judex in such case being called an arbiterprobably, as Festus says, because the whole matter in dispute was submitted to his judgment; and he could decide according to the justice and equity of the case, without being fettered by the praetor's formula.

It should be observed also, that the judex properly could only condemn in a sum of money; but the arbiter might declare that any particular act should be done by either of the parties, which was called his arbitriumand was followed by the condemnatio if it was not obeyed. The division of actions into perpetuae and temporales had reference to the time within which an action might be brought, after the right of action had accrued.

Originally those actions which were given by a lexsenatus consultumor an imperial constitution, might be brought without any limitation as to time; but those which were granted by the praetor's authority were generally limited to the year of his office. In the formula in factum conceptathe praetor might direct the judex barely to inquire as to the fact which was the only matter in issue; and on finding the fact, to make the proper condemnatio: The actions which had for their object the punishment of crimes, were considered public; as opposed to those actions by which some particular person claimed a right or compensation, and which were therefore called privatae.

The former were properly called judicia publica ; and the latter, as contrasted with them, were called judicia privata [ Judicium. In either case the father or owner might give up the wrong-doer to the person injured, or else he must pay competent damages.

These actions, it appears, take their name either from the injury committed, or because the wrong-doer was liable to be given up to punishment noxae to the person injured. Some of these actions were of legal origin, as that of theft, which was given by the Twelve Tables; that of damnum injuriaewhich was given by the Aquilia Lex ; and that of injuriarum et vi bonorum raptorumwhich was given by the edict, and therefore was of praetorian origin.

This instance will serve to show that the Roman division and classification of actions varied according as the Roman writers contemplated the sources of rights of action, or the remedies and the modes of obtaining them. An action was commenced by the plaintiff summoning the defendant to appear before the praetor or other magistrate who had jurisdictio: This rude proceeding was modified in later times, and in many cases there could be no in jus vocatio at all, and in other cases it was necessary to obtain the praetor's permission under pain of actiones utiles e in factum bitcoin penalty.

It was also established that a man could not be dragged from his own house; but if actiones utiles e in factum bitcoin man kept his house to avoid, as we should say, being served with a writ, he ran the risk of a kind of sequestration actor in bona mittebatur.

The object of these rules was to make the defendant appear before the competent jurisdiction; the device of entering an appearance for the defendant does not seem to have suggested itself to the Roman lawyers Dig. The vindex must not be confused with the vades.

This settlement of disputes on the way was called transactio in viaand serves to explain a passage in St. The plaintiff then prayed for an action, and if the praetor allowed it dabat actionemhe then declared what action he intended to bring against the defendant, which was called edere actionem.

This might be done in writing, or orally, or by the plaintiff taking the defendant to the albumand showing him which action he intended to rely on Dig. As the formulae comprehended, or were supposed to comprehend, every possible form of action that could be required by a plaintiff, it was presumed that he could find among all the formulae some one which was adapted to his case, and he was accordingly supposed to be without excuse if he did not take pains to select the proper formula Cic.

If he took the wrong one, or if he claimed more actiones utiles e in factum bitcoin his due, he lost his cause causa cadebatCic. The defendant, on finding a surety, was said vades dare Hor.

In some cases recuperatores were named, who, in the case of the defendant making default, condemned him in the actiones utiles e in factum bitcoin of money named in the vadimonium. If the defendant appeared on the day appointed, he was said vadimonium sistere ; if he did not appear, he was said vadimonium deseruisseand the praetor gave to the plaintiff the bonorum possessio Hor.

Both parties, on the day actiones utiles e in factum bitcoin, were summoned by a crier praecowhen the plaintiff made his claim or demand, which was very briefly expressed, and may be actiones utiles e in factum bitcoin as corresponding to our declaration at law.

The defendant might either deny the plaintiff's claim, or he might reply to it by a plea, exceptio. If he simply denied the plaintiff's claim, the cause was at issue, and a judex might actiones utiles e in factum bitcoin demanded. The forms of the exceptio also were contained in the praetor's edict, or upon hearing the facts the praetor adapted the plea to the case. The exceptio was the defendant's defence, and was often merely an equitable answer or plea to the plaintiff's legal demand.

The plaintiff might claim a thing upon his contract with the defendant, and the defendant might not deny the contract, by might put in a plea of fraud dolus malusor that he had been constrained to come to such an agreement. The exceptio was in effect something which negatived the plaintiff's demand, and it was expressed by a negative clause: Si in ea re nihil dolo malo Auli Agerii factum sit neque fiat. Though the exceptio proceeded from the defendant, it was expressed in this form, in order to be adapted for insertion in the formula, and to render the condemnatio subject to the condition.

Exceptions were peremptoriae or dilatoriae. Peremptory exceptions were a complete and perpetual answer to the plaintiff's demand, such as actiones utiles e in factum bitcoin exceptio of dolus malusor of res judicata. Dilatory exceptions were, as the name implies, merely calculated to delay the plaintiff's demand; as, for instance, by allowing that the debt or duty claimed was not yet due.

Gaius considers the exceptio litis dividuae and rei residuae IV. If a plaintiff prosecuted his action after a dilatory exception, he lost altogether his right of action. There might be dilatory exceptions also to the person of the plaintiff, by which class is the exceptio cognitoriaby which the defendant objects either that the plaintiff is not intitled to sue by a cognitoror that the cognitor whom he had named was not qualified to act as a cognitor.

If the exception was allowed, the plaintiff could either sue himself, or name a proper cognitoras the case might be. The plaintiff might reply to the defendant's exceptiofor the defendant by putting in his plea became an actor [ Actor. Thus, in the example given by Gaius IV.

But if the conditions of sale were that the article should not be handed to the purchaser before the money was paid, the argentarius might put in a replicatio in this shape: If the defendant answered the replicatiohis answer was called duplicatio ; and the parties might go on to the triplicatio and quadruplicatioand even further, if the matters in question were such that they could not otherwise be brought to an issue.

For instance, if the defendant was bound to make to the plaintiff a certain fixed payment yearly or monthly, the plaintiff had a good cause of action for all the sums of money already due; but in order to avoid making his demand for the future payments not yet due, it was necessary to use a praescription of the following form: The plaintiff and defendant used a certain form of words in appointing a cognitorand it would appear that the appointment was made in the presence of both parties.

The cognitor needed not to be present, and his appointment was complete when by his acts he had signified his assent Cic. Roscioc2; Hor. No form of words was necessary for appointing a procuratorand he might be appointed without the knowledge of the opposite party.

In many cases both plaintiff and defendant might be required to give security satisdare ; for instance, in the case of an actio in remthe defendant who was actiones utiles e in factum bitcoin possession was required to give security, in order that if he lost his cause and did not restore the thing, nor pay its estimated value, the plaintiff might have an action against him or his sureties.

When the actio in rem was prosecuted by the formula petitoriathat stipulatio was made which was called judicatum solvi. As to actiones utiles e in factum bitcoin prosecution by the sponsiosee Sponsio a and Centumviri. If the plaintiff sued in his own name, he gave no security; nor was any security required, if a cognitor sued for him, either from the cognitor or the plaintiff himself, for the cognitor was personally liable.

But if a procurator acted for him, he was obliged to give security that the plaintiff would adopt his acts; for the plaintiff was not prevented from bringing another action when a procurator acted for him. Tutors and curators generally gave security like procurators. In the case of an actio in personamthe same rules applied to the plaintiff as in the actio in rem. If the defendant appeared by a cognitorthe defendant had to give security; if by a procurator, the procurator had to give security.

When the cause was brought to an issue, a judex or judices might be demanded of the praetor who named or appointed a judex and delivered to him the formula which contained his instructions. The judices were said dari or addici. Actiones utiles e in factum bitcoin paret Aulum Agerium apud Numerium Negidium mensam argenteam deposuisse eamque dolo malo Numerii Negidii Aulo Agerio redditam non esse quanti ea res erit tantam pecuniam judex Numerium Negidium Actiones utiles e in factum bitcoin Agerio condemnato: The nature of the formula, however, will be better understood from the following analysis of it by Gaius: The demonstratio is that part of the formula which explains what the subject-matter of the action is.

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