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 an action by which one claims as one’s own in the intentio some corporeal thing or some particular right in the thing, as a right of use or usufruct of a thing belonging to a neighbour, or a right of horseway or carriage-way through his land, or of fetching water from a source in his land, or of raising one’s house above a certain height, or of having the prospect from one’s windows unobstructed;
, and similarly in the formulary procedure a real action names no party but the Plaintiff in the intentio, the principal part of the formula or written instructions of the praetor to the judex, in which the plaintiff’s claim is specified;
A Real action, accordingly, asserts either the ownership (hunc hominem meum esse aio) of the plaintiff or one of the jura in re aliena above mentioned;
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.