Pignoris Capio
idea · 2 works · 4 mentions · 11 anchored passages
pignoris capio · Pignoris capio · distress
in the texts
Institutes of Roman Law
Praetorian execution seizing only portions of a debtor's property, distinct from universal succession.
Under the empire ordinary execution (Pignoris capio) was differentiated from bankruptcy proceedings (Missio in bona).
In pignoris capio, however, there was only a singular succession to the debtor’s property, which was taken in execution, there was no transfer of his juris universitas.
For instance, the fiction of Pignoris capio was employed to preserve unimpaired the rights of the revenue contractor and as a measure for assessing the damages to which he was entitled against a defaulter.
Lectures on the Early History of Institutions
A Roman extrajudicial seizure of another's goods, interpreted as ancestral to the English practice of Distress.
Poste for the observation that the ideal institutions of Plato’s Laws include something strongly resembling the Roman Pignoris Capio;
I believe this to have been the true primitive office of the Pignoris Capio, though the full evidence of my opinion will not be before you till I have tracked the same institution through the twilight of other legal systems.
I take the Pignoris Capio as the immediate starting-point of all which I am about to say on the subject of Ancient Civil Procedure.