The Procedural Acquisition of Objects Stolen for the Sake of Divorce in D. 25.2.22 pr.
The actio rerum amotarum applies in a special case in the area of theft: the misappropriation of property between spouses in the event of divorce. In D. 25.2.22 pr., Iul. 19 dig., the classical jurist Julian deals with the consequences that the conviction from this lawsuit has for the legal fate of...
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| Main Author: | |
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| Format: | Article |
| Language: | deu |
| Published: |
STS Science Centre Ltd.
2023-11-01
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| Series: | Journal on European History of Law |
| Subjects: | |
| Online Access: | https://www.journaloneuropeanhistoryoflaw.eu/index.php/JEHL/article/view/192 |
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| Summary: | The actio rerum amotarum applies in a special case in the area of theft: the misappropriation of property between spouses in the event of divorce. In D. 25.2.22 pr., Iul. 19 dig., the classical jurist Julian deals with the consequences that the conviction from this lawsuit has for the legal fate of the misappropriated items. The exegetical examination of this Digest fragment, against the backdrop of the formulary process shaped by the principle of condemnatio pecuniaria, shows that as a result of the monetary judgment, there comes a procedural acquisition of the demanded item by the convicted party. This party receives legal protection regarding the res litigiosa through a real action and an exception.
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| ISSN: | 2042-6402 3049-9089 |