Donald Trupm Letest News Civil Procedure

Donald Trupm Letest News

Under the Roman Law the history of civil Procedure is divided into three stages
A)Legis Actiones(Actions of Law)
B)Formulary System
C)Extraordinary Procedure

United Civil Procedure

A)Legis Actiones
Legis actiones mean the actions of law.Its main Feature Consisted in extreme Formalities.A Process could only be introduced by uttering certain sacramental forms which
were called the actions of law.The party to the Litigation had to Utter some prescribed formula before the magistrate at the time of presenting the case.They could not
depart or vary from them.If they departed or varied,no Case would lie.According to gaius the legis actiones were five in number,viz.

a.Action Sacramenti,
b.Judicis Postulatio.
c.Condictio.
d.Manus Injectio.
e.pignoris capio

Strictly speaking,the First three were actions proper and the last two were the modes of execution
a.Action Sacramenti:-It was the oldest form of procedure,This Action was of general application for all matters for which no other form was prescribed by law,Thus
it was applicable in claims to property,To recover a wife in manu or a filius familias from a person who wrongfully detained them,To a servitude,and to personal clamis
which resulted in the payment of a definite sum of money or of a particular specific thing.In other Words it was employed for all things for which the law had not given
special action.it was necessary that the object in dispute must be brought into the court,If this was impossible Because the object related to land or a house,some
part of it was produced such as a clod of earth to represent the field itself.the plaintiff holding a wand in one hand,seized the object with through exactly the same

ceremoney.Then The praetor ordered Them to release Their hold on the property,The plaintiff next asked for the defendant's Title and the defendant in reply  asserted his ownership
over the object,whereupon the plaintiff denied the right and challenged the defendant to a bet or stake of a sum of money called sacramentum and the defendant made a like
challenge.After this ceremoney the praetor awarded possession of the object to one of the parties pending the trial and required the person so given possession to give security to
his adversary that if he lost the case he would restore the thing and its profits to him.The case was then referred to the judex or other delegated tribunal for trial.Before

the judex or other Delegated Tribunal Parties were Heard,evidence was adduced and after pleadings in detail,sentence was adduced and after pleadings in detail,Sentence was
pronounced,The Stake or wager of the losing party was forfeited to the state for the benefit of the public worship.The actio sacramenti derived its name from the sacramentum or
sum of money which the parties deposited with the praetor by way of stake or wager