Ius privatum
Encyclopedia
Ius privatum is Latin
for private law
. Contrasted with ius publicum
(the laws relating to the state), ius privatum regulated the relations between individuals. In Roman law
this included personal, property and civil law. Judicial proceeding was a private process (iudicium privatum). Criminal law was also considered private matters, except where the crimes were particularly severe.
.
in Roman law
. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below.
demands that the defendant
return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff
could also institute an actio furti (a personal action) in order to punish the defendant
. If the thing could not be recovered, the plaintiff
could claim damages from the defendant
with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff
could claim damages from the defendant
. Rei vindicatio was derived from the ius civile, therefore was only available to Roman citizens.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
. Contrasted with ius publicum
Ius publicum
Ius publicum is Latin for public law. It is to protect the interests of the Roman state .Public law will only include some areas of private law close to the end of the Roman state....
(the laws relating to the state), ius privatum regulated the relations between individuals. In Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
this included personal, property and civil law. Judicial proceeding was a private process (iudicium privatum). Criminal law was also considered private matters, except where the crimes were particularly severe.
Lex Aquilia
The lex Aquilia was a plebiscite which codified the law on damage to person and property through a particular fault. It is a forerunner of the modern law of tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
.
Stipulatio
Stipulatio was the basic form of contractContract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below.
Vindicatio
Rei vindicatio is a legal action by which the plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
demands that the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
could also institute an actio furti (a personal action) in order to punish the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
. If the thing could not be recovered, the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
could claim damages from the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
could claim damages from the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
. Rei vindicatio was derived from the ius civile, therefore was only available to Roman citizens.