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Justinian I · The Digest of Justinian §44.7.25.pr-44.7.25.2

Classification of Actions: Real and Personal Actions

Passage 7310 of 9271 · Latin

Summary

Ulpian divides actions into two main categories, real and personal, and further classifies them based on their sources (contract, act, or facts) and legal authorities (civil or honorary law).

[ULPIANUS libro singulari regularum. ] §44.7.25.prActionum genera sunt duo, in rem, quae dicitur uindicatio, et in personam, quae condictio appellatur.
[ULPIANUS, from his single book of Rules.] There are two classes of actions: in rem, which is called vindicatio, and in personam, which is named condictio.
in rem actio est, per quam rem nostram, quae ab alio possidetur, petimus: et semper aduersus eum est qui rem possidet.
An action in rem is one by which we demand our property which is possessed by another; and it is always brought against him who possesses the property.
in personam actio est, qua cum eo agimus, qui obligatus est nobis ad faciendum aliquid uel dandum: et semper aduersus eundem locum habet.
An action in personam is one by which we sue him who is under obligation to us to do or to give something; and it always lies against the same person.
§44.7.25.1Actionum autem quaedam ex contractu, quaedam ex facto, quaedam in factum sunt.
Now, of actions, some are based on contract, some on an act, and some are in factum (on the facts).
ex contractu actio est, quotiens quis sui lucri causa cum aliquo contrahit, ueluti emendo uendendo locando conducendo et ceteris similibus.
An action based on contract arises whenever anyone contracts with another for the sake of his own advantage, as by buying, selling, letting, hiring, and other similar transactions.
ex facto actio est, quotiens ex eo teneri quis incipit, quod ipse admisit, ueluti furtum uel iniuriam commisit uel damnum dedit.
An action based on an act arises whenever anyone begins to be liable because of what he himself has committed, as when he has committed theft or injury, or has caused damage.
in factum actio dicitur, qualis est exempli gratia actio, quae datur patrono aduersus libertum, a quo contra edictum praetoris in ius uocatus est.
An action is said to be in factum, such as, for example, the action which is granted to a patron against a freedman by whom he has been summoned to court contrary to the praetor's edict.
§44.7.25.2Omnes autem actiones aut ciuiles dicuntur aut honorariae.
Moreover, all actions are called either civil or honorary.

Notes

  1. §44.7.25.prsemper aduersus eundem locum habet — 'eundem' refers back to 'eo' (the person 'qui obligatus est...') in the definition of personal actions. The phrase 'locum habet' means 'applies' or 'takes place.' This highlights that while a real action can be brought against whoever happens to possess the property ('qui rem possidet'), a personal action always lies only against the specific person who bound themselves to the obligation.
  2. §44.7.25.1emendo uendendo locando conducendo — These are all ablatives of the gerund, indicating the specific instrumental transactions ('by buying, selling, letting, hiring') through which one contracts and thereby gives rise to an action based on contract.
  3. §44.7.25.1ex eo teneri quis incipit, quod ipse admisit — 'quod' is a neuter accusative relative pronoun, taking the ablative 'eo' (in 'ex eo') as its antecedent. The verb 'admittere' here means 'to commit' or 'to perpetrate.' The clause literally translates to 'anyone begins to be bound by that which he himself has committed.'

Cite this passage

Justinian I, The Digest of Justinian §44.7.25.pr-44.7.25.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.25.pr-44.7.25.2

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