An action by the borrower against the lender, to compel the execution of the contract. Poth. Pret a Usage, n. 75.
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ACTIO COMMODATI DIRECTA
An action by a lender against a borrower, the principal object of which is to obtain a restitution of the thing lent. Poth. Pret a Usage, nn. 05, 68.
ACTIO CONDICTIO INDEBITATI
An action by which the plaintiff recovers the amount of a sum of money or other thing he paid by mistake. Poth. Promutuum, n. 140; Merl. Repert.
ACTIO CONFESSORIA
An affirmative petitory action for the recognition and enforcement of a servitude. So called because based on the plaintiff’s affirmative allegation of a right in defendant’s land. Distinguished from an […]
ACTIO DAMNI INJURIA
The name of a general class of actions for damages, including many species of suits for losses caused by wrongful or negligent acts. The term is about equivalent to our […]
ACTIO DE DOLO MALO
An action of fraud ; an action which lay for a defrauded person against the defrauder and his heirs, who had been enriched by the fraud, to obtain the restitution […]
ACTIO DE PECULIO
An action concerning or against the peculium, or separate property of a party.
ACTIO DE PECUNIA CONSTI- TUTA
An action for money engaged to be paid ; an action which lay against any person who had engaged to pay money for himself, or for another, without anv formal […]
ACTIO DEPOSIT! CONTRARIA
An action which the depositary has against the depositor, to compel him to fulfil his engagement towards him. Poth. Du Depot, n. 69.
ACTIO DEPOSITI DIRECTA
An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du D6pot, n. 60.
ACTIO DIRECTA
A direct action: an action founded on strict law. and conducted according to fixed forms; an action founded on certain legal obligations which from their origin were accurately defined and […]
ACTIO EMPTI
An action employed in behalf of a buyer to compel a seller to perform his obligations or pay compensation : also to enforce any special agreements by him, embodied in […]
ACTIO EOMMUNI DIVIDUNDO
An action to procure a judicial division of joint property. Hunter. Rom. Law, 194. It was analogous in its object to proceedings for partition in modern law.
ACTIO EX CONDUCTO
An action which the bailor of a thing for hire may bring against the bailee, in order to compel him to redeliver the thing hired.
ACTIO EX CONTRACTU
In the civil and common law. An action of contract; an action arising out of, or founded on, contract Inst. 4, 6, 1; Bract fol. 102; 3 Bl. Comm. 117.
ACTIO EX DELICTO
In the civil and common law. An action of tort; an action arising out of fault, misconduct , or malfeasance . Inst 4, 6, 15; 3 Bl. Comm. 117. Ex […]
ACTIO EX LOCATO
An action upon letting; an action which the person who let a thing for hire to another might have against the hirer. Dig. 19. 2; Cod. 4, 65.
ACTIO EX STIPULATU
An action brought to enforce a stipulation .
ACTIO EXERCITORIA
An action against the exercitor or employer of a vessel.
ACTIO FAMILIES ERCISCUNDCE
An action for the partition of an inheritance . Inst. 4, 0, 20; Id. 4. 17. 4. Called, by Bracton and Fleta, a mixed action , and classed among actions […]
ACTIO FURTI
An action of theft; an action founded upon theft. Inst. 4, 1, 13-17; Bract, fol. 144. This could only be brought for lite penalty attached to the offense, and not […]
ACTIO HONORARIA
An honorary, or pnetorian action. Dig. 44, 7, 25, 35.
ACTIO IN FACTUM
An action adapted to the particular case, having an analogy to some actio in jus, the latter being founded on some subsisting acknowledged law. Spence, Eq. Jur. 212. The origin […]
ACTIO IN PERSONAM
In the civil law . An action against the person, founded on a personal liability ; an action seeking redress for the violation of a jus in personam or right […]
ACTIO IN REM
In the civil and common law. An action for a thing; an action for the recovery of a thing possessed by another. Inst. 4, 6, 1. An action for the […]