The Digest of Justinian, Volume 1

GLOSSARY

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 [delator]. 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. ActioArbitrariu. An action in which the judge 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 Ciwile. Actio Confessoria. See Semritus. 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 [sermitus q.v.1. Such an action lay against anyone withholding the property. Cf. Actio in Personam. GLOSSARY Actio Negatoria. See Servitus. Actio Popularis. A penal action which could be brought by any person to protect the public interest in certain circumstances. The penalty was often paid to the complainant . See 0.47.23. Actio Praescriptis Verbis. An action given to a person after he had performed his part of the bargain under a contract which was not one of the standard types recognized by Roman law. See 0.19.5. Actio Utilis. See Actio in Factum. Addictio in Diem. An agreement allowing a seller to set the sale aside if he received a better offer within a certain time. See 0.18.2. Ademptio (Ademption). The revocation, express or implied, of any disposition, usually a legacy. See 0.34.4. Adiudicatio (Adjudication). The order given by a judge [iudex q.v.1 to settle certain proceedings between claimants over common property or between neighbors over boundaries. See 0.10.2-3. Adoptio (Adoption). A type of adoption where a dependent person [alieni iuris q.v.1 was transferred from one family to another. This involved a change of paterfamilias [q.v.]. Adopted children were normally in the same legal position as natural children . Cf. adrogatio though the term adoptio is sometimes used to cover both. See 0.1.7. Adrogatio (Adrogation). A type of adoption where an independent person [sui iuris q.v.1joined a family, coming under parental power [patriapotestas q.v.1. This could only be done to save a family from extinction and many restrictions were placed upon it. See 0.1.7. Adulterium (Adultery). This was made a criminal offense for a married woman by statute. Her husband was required to divorce and prosecute her, and her father could kill her and her partner with impunity in certain circumstances. See 0.48.5. Aedilis (Aedile). A magistrate of the republic whose duties were connected with the general management of daily life in the city, including some police work and the supervision of streets and markets...