ADJUDICATIO.
actio finium regundorum (ak-shee-oh fI-nee-<<schwa>>m ri-g<<schwa>>n-dor-<<
schwa>>m). [Latin “action for regulation of boundaries”] Roman law. An action among
neighboring proprietors to fix or to preserve property boundaries. See ADJUDICATIO.
actio furti (ak-shee-oh f<<schwa>>r-tI).Roman law. An action by which the owner of stolen
goods can, according to the circumstances, recover a multiple of their value from the thief by way
of penalty, without prejudice to a further action to recover the goods themselves or their value. See
furtum manifestum under FURTUM.
actio honoraria (ak-shee-oh [h]on-<<schwa>>-rair-ee-<<schwa>>). Pl. actiones honorariae.
See ACTIONES HONORARIAE.
actio hypothecaria (ak-shee-oh hI-poth-<<schwa>>-kair-ee-<<schwa>>). See
HYPOTHECARIA ACTIO.
actio in factum (ak-shee-oh in fak-t<<schwa>>m).Roman law. An action granted by the
praetor when no standard action was available. • The closest Anglo-American equivalent is action
on the case or trespass on the case. See trespass on the case under TRESPASS. Cf. actio directa;
actio utilis.
actio injuriarum (ak-shee-oh in-juur-ee-ahr-<<schwa>>m).Roman law. An action that lay
against anyone who had attacked the body, reputation, or dignity of any person. — Also spelled
actio iniuriarum. Pl. actiones inju-riarum (ak-shee-oh-neez in-juur-ee-ahr-<<schwa>>m).
actio in personam (ak-shee-oh in p<<schwa>>r-soh-n<<schwa>>m). Pl. actiones in
personam.See action in personam under ACTION(4).
actio in rem (ak-shee-oh in rem). Pl. actiones in rem.See action in rem and real action under
ACTION(4).
actio institoria (ak-shee-oh in-sti-tor-ee-<<schwa>>). [Latin] Roman law. An action against a
principal by one who contracted with the principal’s business agent, limited to matters arising out
of the business. See INSTITOR.
actio judicati (ak-shee-oh joo-di-kay-tI).Roman law. An action to enforce a judgment by
execution on the de-fendant’s property. Pl. actiones judicati.
actio legis (ak-shee-oh lee-jis). See LEGIS ACTIO.
actio legis Aquiliae (ak-shee-oh lee-jis <<schwa>>-kwil-ee-ee).Roman law. An action under
the Aquilian law; specif., an action to recover for loss caused by intentional or negligent damage A
to another’s property. — Also termed actio damni injuria; actio damni injuria dati. See LEX
actio locati (ak-shee-oh loh-kay-tI). [Latin “action for what has been hired out”] Roman law.
An action that a lessor (the locator) of a thing might have against the hirer, or an employer against
a contractor. — Also termed actio ex locato (ak-shee-oh eks loh-kay-toh). Cf. actio conducti.
actio mandati (ak-shee-oh man-day-tI).1.Civil law. An action to enforce a contract for
gratuitous services or remuneration. 2.Hist. An action to enforce a contract for gratuitous services.
See MANDATUM. Pl. actiones mandati.
actio mixta (ak-shee-oh mik-st<<schwa>>).Roman law. A mixed action; an action in which
two or more features are combined, as an action for damages and for a penalty, or an action in rem
and in personam. Pl. actiones mixta (ak-shee-oh-neez mik-st<<schwa>>).
actio negatoria (ak-shee-oh neg-<<schwa>>-tor-ee-<<schwa>>).Roman law. An action
brought by a landowner against anyone claiming to exercise a servitude over the landowner’s
property. — Also termed actio negativa. Pl. actiones negatoriae.
actio negotiorum gestorum (ak-shee-oh n<<schwa>>-goh-shee-or-<<schwa>>m
jes-tor-<<schwa>>m).Roman law. An action against a gestor for the mismanagement of the
principal’s property, or for any acquisitions made in the course of management. • The gestor could
bring a counteraction to recover management-related expenses (actio contraria negotiorum
gestorum). Pl. actiones negotiorum gestorum.See NEGOTIORUM GESTOR.
actio non accrevit infra sex annos (ak-shee-oh non <<schwa>>-kree-vit in-fr<<schwa>> seks
an-ohs). [Latin “the action did not accrue within six years”] Hist. A plea to the statute of
limitations by which the defendant asserts that the plaintiff’s cause of action has not accrued
within the last six years. Pl. actiones non accreverant infra sex annos.
actio non ulterius (ak-shee-oh non <<schwa>>l-teer-ee-<<schwa>>s). [Latin “an action no
further”] Hist. The distinctive clause in a plea to abate further maintenance of the action. • This
plea replaced the puis darrein continuance. Pl. actiones non ulterii.Cf. plea to further maintenance
to the action, plea puis darrein continuance under PLEA.
actio Pauliana (ak-shee-oh paw-lee-ay-n<<schwa>>). [Latin “action attributed to Paul” or
“Paulian action”] An action to rescind a transaction (such as alienation of property) that an
insolvent debtor made to deceive the debtor’s creditors. • This action was brought against the
debtor or the third party who benefited from the transaction. Pl. actiones Paulianae.
“[A]ctio Pauliana, a name which has been shewn to be inserted by a glossator, after the first
publication of the Digest. It lay where the debtor had impoverished himself to the detriment of his
creditors, e.g. by alienations, by incurring liabilities or allowing rights to lapse, but not for failing
to acquire or for paying just debts …. It lay against the debtor, who might have since acquired
property …. But its chief field was against acquirers privy to the fraud, or even innocent, if the
acquisition was gratuitous.” W.W. Buckland, A Text-Book of Roman Law from Augustus to
Justinian 596 (Peter Stein ed., 3d ed. 1963).
actio perpetua (ak-shee-oh p<<schwa>>r-pech-oo-<<schwa>>).Roman law. An action that is
not required to be brought within a specified time. Pl. actiones perpetuae.Cf. actio temporalis.
actio personalis (ak-shee-oh p<<schwa>>r-s<<schwa>>-nay-lis).Roman law. A personal
action. Pl. actiones personales.
actio pigneratitia (ak-shee-oh pig-n<<schwa>>-r<<schwa>>-tish-ee-<<schwa>>).Roman law.
An action of pledge; an action founded on a contract of pledge. — Also spelled actio pigneraticia;
actio pignoratitia. — Also termed pigneratitia actio. Pl. actiones pignoratitiae.See PIGNUS.
actio poenalis (ak-shee-oh pi-nay-lis).Roman law. An action in which the plaintiff sued for a
penalty rather than compensation. Pl. actiones poenales (ak-shee-oh-neez pi-nay-leez). Cf. actio
rei persecutoria.
actio popularis (ak-shee-oh pop-y<<schwa>>-lair-is). [Latin “popular action”] Roman law.
An action that a male member of the general public could bring in the interest of the public
welfare. Pl. actiones populares (ak-shee-oh-neez pop-y<<schwa>>-lair-eez).
“Actiones populares. Actions which can be brought by ‘any one among the people.’ … They
are of praetorian origin and serve to protect public interest …. They are penal, and in case of
condemnation of the offender the plaintiff receives the penalty paid …. There are instances,
however, established in statutes or local ordinances, in which the penalty was paid to the state or
municipal treasury, or divided between the aerarium and the accuser, as, e.g., provided in a decree
of the Senate in the case of damage to aqueducts.” Adolf Berger, Encyclopedic Dictionary of
Roman Law 347 (1953).
actio praejudicialis (ak-shee-oh pree-joo-dish-ee-ay-lis).Roman law. A preliminary action; an
action begun to determine a preliminary matter on which other litigated matters depend. Pl.
actiones praejudiciales.
actio praetoria (ak-shee-oh pri-tor-ee-<<schwa>>).Roman law. A praetorian action; one
introduced by a praetor rather than founded on a statute. Pl. actiones praetoriae (ak-shee-oh-neez
pri-tor-ee-I).
actio pro socio (ak-shee-oh proh soh-shee-oh).Roman law. An action brought by one partner
against another. Pl. actiones pro socio.See SOCIETAS.
actio Publiciana (ak-shee-oh p<<schwa>>-blish-ee-ay-n<<schwa>>).Roman law. An action
allowing a person who had acquired bonitary ownership of land to recover it from a third party, so
that the person would in due course acquire full title by prescription. • This action is named for
Publicius, who might have been the first praetor to grant the action. — Also termed actio
Publiciana in rem. See bonitary ownership under OWNERSHIP.
actio quanti minoris (ak-shee-oh kwon-tI mi-nor-is). [Latin “an action for the shortfall in
value”] Roman & civil law. A purchaser’s action to recover for his overpayment for a defective
item. Pl. actiones quanti minoris.Cf. actio redhibitoria.
“If a defect appeared which had not been so declared the buyer, if he sued within six months, A
could claim res-cission of the sale by the actio redhibitoria, and, if within twelve months, could
claim the difference between the price paid and the actual value of the defective slave or animal by
the actio quanti minoris. In both actions the knowledge or ignorance of the seller was irrelevant:
liability was strict.” Barry Nicholas, An Introduction to Roman Law 181 (1962).
actio quod jussu (ak-shee-oh kwod j<<schwa>>s-[y]oo).Roman law. An action against a
paterfamilias or a slaveowner for enforcement of a debt contracted on behalf of the paterfamilias
or slaveowner by a son or a slave.
actio quod metus causa (ak-shee-oh kwod mee-t<<schwa>>s kaw-z<<schwa>>).Roman law.
An action to pe-nalize someone who wrongfully compelled the plaintiff to transfer property or to
assume an obligation. • The plaintiff could obtain damages of four times the value of the loss
suffered. Pl. actiones quod metus causa.
actio realis (ak-shee-oh ree-ay-lis). [Law Latin] Hist. A real action. Pl. actiones reales.
actio redhibitoria (ak-shee-oh red-i-bi-tor-ee-<<schwa>>).Roman & civil law. An action for
restoration to cancel a sale because of defects in the thing sold. Pl. actiones redhibitoriae.Cf. actio
quanti minoris.
actio rei persecutoria (ak-shee-oh ree-I p<<schwa>>r-si-kyoo-tor-ee-<< schwa>>). [Law
Latin “an action for pursuing a thing”] Roman law. An action to recover a specific thing or
monetary compensation, rather than a penalty. Pl. actiones rei persecutoriae (ak-shee-oh-neez ree-I
p<<schwa>>r-si-kyoo-tor-ee-I). Cf. actio poenalis.
actio rerum amotarum (ak-shee-oh reer-<<schwa>>m
am-<<schwa>>-tair-<<schwa>>m).Roman law. An action to recover items stolen by a spouse
shortly before a divorce. Pl. actiones rerum amotarum.
actio rescissoria (ak-shee-oh re-si-sor-ee-<<schwa>>).Roman law. An action to restore to the
plaintiff property lost by prescription. • This action was available to minors and other persons
exempt from prescriptive claims against their property. Pl. actiones rescissoriae.
actio serviana (ak-shee-oh s<<schwa>>r-vee-ay-n<<schwa>>).Roman law. An action by
which a lessor could seize, in satisfaction of unpaid rent, the lessee’s personal property brought
onto the leased premises. Pl. actiones servianae.
actio servi corrupti (ak-shee-oh s<<schwa>>r-vI k<<schwa>>-r<<schwa>>p-tI). [Latin]
Roman law. An action for corrupting a slave or servant. • Since the “corruption” could take the
form of bribery to find out the master’s confidential business information, one scholar suggested in
a famous article that it could be the precursor of the modern law of trade secrets. A. Arthur
Schiller, Trade Secrets and the Roman Law: The Actio Servi Corrupti, 30 Colum. L. Rev. 837
(1930). Other scholars strongly disagree (see quotation).
“The actio servi corrupti presumably or possibly could be used to protect trade secrets and
other similar com-mercial interests. That was not its purpose and was, at most, an incidental
spin-off. But there is not the slightest evidence that the action was ever so used.” Alan Watson,
Trade Secrets and Roman Law: The Myth Exploded, 11 Tul. Eur. & Civ. L.F. 19, 19 (1996). actio stricti juris (ak-shee-oh strik-tIjoor-is).Roman law. A class of personal actions
enforceable exactly as stated in the formula without taking equitable considerations into account;
an action of strict right. • This type of action was often used to recover a definite sum of money or
a particular object that was the subject of a formal promise (stipulatio). Pl. actiones stricti juris.
See FORMULA(1).
actio temporalis (ak-shee-oh tem-p<<schwa>>-ray-lis).Roman & civil law. An action that
must be brought within a specified time. Pl. actiones temporales.Cf. actio perpetua.
actio tutelae (ak-shee-oh t[y]oo-tee-lee).Roman law. An action arising from a breach of the
duty owed by a guardian (tutor) to the ward, such as mismanagement of the ward’s property. Pl.
actiones tutelae.
actio utilis (ak-shee-oh yoo-t<<schwa>>-lis).Roman law. An extension of a direct action,
founded on utility rather than strict right, available esp. to persons having an interest in property
less than ownership. • This type of action was modeled after the actio directa. Pl. actiones utiles.Cf.
actio directa; actio in factum.
actio venditi (ak-shee-oh ven-d<<schwa>>-tI).Roman law. An action by which a seller could
obtain his price or enforce a contract of sale. — Also termed actio ex vendito. Pl. actiones venditi.
actio vi bonorum raptorum (ak-shee-oh vI b<<schwa>>-nor-<<schwa>>m rap-tor-<<
schwa>>m).Roman law. A penal action to recover goods taken by force. • A successful plaintiff
would also receive three times the value of the taken property. Cf. INTERDICTUM QUOD VI [Blacks Law 8th]