GLOSSARY
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GLOSSARY Abolitio. See Accusatio. Acceptilatio (Formal Release). The method by which a creditor freed a debtor from his obligation under a verbal contract [stipulatioq.v.1 producing the same effects as performance. See 0.46.4. Accessio (Accession). A general term for the acquisition of ownership by joining property to or merging it with something already owned by the acquirer. See 0.41.1. Accusatio (Accusation). The bringing of a criminal charge. Normally (exclusively until the early empire) this was left to the initiative of a private citizen acting as accuser [delatd. If a magistrate accepted the charge, he ordered its registration [inscripti01 on an official list. It could be removed from the list and so annulled [absolutiol during a public amnesty, or where the accuser withdrew the charge with the permission of the court. Unjustified withdrawal was a crime in itself [tergiversatio]. See 0.48.2,16. Actio Arbitraria. An action in which thejudge could order the defendant to restore or produce the property at issue. If he failed to do so, the finaljudgment penalized him in various ways. See 0.6.1.35.1; 0.4.2.14.4. Actio Civilis. See Zus Civile. Actio Confessoria. See Sewitus. Actio Contraria. An action given to certain persons in particular legal situations where the normal direct action lay against them. See tutors [tutor q.v.1 D. 27.4; depositees 0.16.3; borrowers for use 0.13.6.; creditors in the contract of pignus [q.v.] 0.13.7. Actio Famosa. See Znfamia. Actio in Factum. An action given originally by the praetor [q.v.] on the alleged facts of the case alone, where no standard civil law [ius civile q.v.1 action was directly applicable. The expression actio utilis is also found, referring to a praetorian action which extended the scope of an existing civil law action, for example, by means of a fiction. The exact difference, if any, between this and the actio in factum is not known. See 0.9.2. Actio in Personam (Personal Action). An action based on an obligation of the defendant , whether this arose from a contract, delict, or other legal circumstance. Such an action lay only against the person under the obligation. Cf. Actio in Rem. Actio in Rem (Real Action). An action asserting ownership of property, or other related though more limited rights over it, for example, a servitude [sewitus q.v.1. Such an action lay against anyone withholding the property. Cf. Actio in Personam. GLOSSARY Abolitio. See Accusatio. Acceptilatio (Formal Release). The method by which a creditor freed a debtor from his obligation under a verbal contract [stipulatio q.v.] producing the same effects as performance. See D.46.4. Accessio (Accession). A general term for the acquisition ofownership by joining property to or merging it with something already owned by the acquirer. See D.41.1. Accusatio (Accusation). The bringing ofa criminal charge. Normally (exclusively until the early empire) this was left to the initiative of a private citizen acting as accuser [delator]. If a magistrate accepted the charge, he ordered its registration [inscriptio ] on an official list. It could be removed from the list and so annulled [absolutio] during a public amnesty, or where the accuser withdrew the charge with the permission ofthe court. Unjustified withdrawal was a crime in itself [tergiversatio]. See D.48.2,16. Actio Arbitraria. An action in which the judge could order the defendant to restore or produce the property at issue. Ifhe failed to do so, the final judgment penalized him in various ways. See D.6.1.35.1; D.4.2.14.4. Actio Civilis. See Ius Civile. Actio Confessoria. See Servitus. Actio Contraria. An action given to certain persons in particular legal situations where the normal direct action lay against them. See tutors [tutor q.v.] D. 27.4; depositees D.16.3; borrowers for use D.13.6.; creditors in the contract of pignus [q.v.] D.13.7. Actio Famosa. See Infamia. Actio in Factum. An action given originally by the praetor [q.v.] on the alleged facts of the case alone, where no standard civil law [ius civile q.v.] action was directly applicable. The expression actio utilis is also found, referring to a praetorian action which extended the scope of an existing civil law action, for example, by means of a fiction. The exact difference, if any, between this and the actio in factum is not known. See D.9.2. Actio...


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