ZASTOSOWANIE ACTIO DE PECULIO Z POWODU
FILIAE FAMILIAS W OKRESIE PRYNCYPATU
THE APPLICATION OF ACTIO DE PECULIO DUE TO FILIAE FAMILIAS IN THE PRINCIPATE PERIOD
Author(s): Elżbieta EjankowskaSubject(s): History of Law, Civil Law
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: actio de peculio; daugther under patria potestas; peculio property; actio rerum amotarum; principate; complaint; praetorian law
Summary/Abstract: The application of actio de peculio due to filiae familias – in the principate period – is not anoften discussed topic in literature. This claim was one of additional actions, the aim of which was to include the family superiors and owners of slaves in the responsibility for contractual obligations.Not only in Gaius Institutions (G.4,69–4,77), but also in the formula of the claim of thereconstruction of the praetorian edict written by. O Lenel, no feminine persons are included. However,it arises from other sources that this action could have been applied due to business activityof daughters, which was performed on the basis of peculium. Actio de peculio – in reference toa married daughter being a subordinate of the father – also had another function; it was the equivalentof actio rerum amotarum.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2016
- Issue No: 19
- Page Range: 23-35
- Page Count: 13
- Language: Polish