Exam (elaborations)
Roman Law Actions (1)
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Roman Law Actions (1)
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Roman Law ActionsAction to claim a right in rem - ANS-Vindicatio
Action in rem based on legal fiction that time period in usucapio has been completed. -
ANS-Actio Publiciana
Defence in Actio Publiciana that D is the actual owner - ANS-exceptio iusti dominii
Counter-defence for a person usucaping a thing that they recieved it by sale and delivery from D
- ANS-replicatio rei venditae et traditae
Defence for a person usucaping a thing that they recieved it by sale and delivery from D when D
attempts to vindicate it. - ANS-exceptio rei venditae et traditae
Praetor's possessory interdict when thing is land - given to whoever is in possesion at the time
of the action provided they held it nec vi, clam et precario. - ANS-uti posseditis
Praetor's possessory interdict when thing is a moveable- given to whoever is in possesion for
the longest periof in the previous year provided they held it nec vi, clam et precario. - ANS-utrubi
Complete defence that fraud vitiated the contract. NB Ulpian says it can be used when there is a
mistaken iusta causa but D's use is within what C allowed (ie D thinks it is mutuum, C thinks it is
gift). Not used for bona fide contracts. - ANS-exceptio doli
Complete defence when contract is obtained by duress. Not used for bona fides contracts. -
ANS-exceptio quod metus causa
Action for breach of stipulatio for a certain thing or amount of money. - ANS-condictio
Action for breach of stipulatio. The procedure was that you would quote the words of the
stipulatio and the iudex would determine the amount due. This meant that there was leeway in
determining the amount of damages owed. - ANS-actio ex stipulatu
action for enforcing a mutuum of money - ANS-actio certae pecuniae creditae
action for enforcing a mutuum of other things than money - ANS-actio certae rei
lender's action in a commodatum - ANS-actio commodati
borrower's action in a commodatum, although he could rely on ius retentionis is the res is in his
control. - ANS-actio commodati contraria
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