Ius privatum
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''Ius privatum'' is
Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
for private law. Contrasted with '' ius publicum'' (the laws relating to the state), ''ius privatum'' regulated the relations between individuals. In
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
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
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
.


Stipulatio

''Stipulatio'' was the basic form of
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
in
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Ju ...
. 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
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
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 A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
could also institute an ''actio furti'' (a personal action) in order to punish the defendant. If the thing could not be recovered, the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
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 A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
could claim damages from the defendant. ''Rei vindicatio'' was derived from the
ius civile Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justin ...
, therefore was only available to Roman citizens.


See also

*'' Privatus'' Roman law Latin legal terminology {{Italic title