Real Action
“Actio in Rem / Vindicatio”
idea · 2 works · 3 mentions · 6 anchored passages
actio in rem · real action · the principal real actions · vindicatio
spoken of as
1 expressionReal Actions“procedural reform”1 mention
The Genius of the Common Law (English)
It might have been better to simplify and rationalize the principal real actions, as indeed several American States have done.
in the texts
Institutes of Roman Law
The class of actions by which a party claims ownership of a corporeal thing or some other right in a thing, called vindicatio, as opposed to personal actions.
A Real action is called vindicatio;
—|— quot genera actionum sint, uerius uidetur duo esse, in rem et in personam;
A Real action, § 3, is one which asserts a jus in rem, a Personal action, § 2, one which asserts a jus in personam.
The Genius of the Common Law
Category of medieval land-recovery procedures, which the author regrets England never simplified as some US states did.
It might have been better to simplify and rationalize the principal real actions, as indeed several American States have done.