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IUSIURANDUM IN LITEM IN THE BONAE FIDEI IUDICIA by ALAN WATSON (Glasgow) According to the texts, iusiurandum in litem was possible in the following actions 1) : actiones in rem 2) (specifically mentioned or clearly intended are vindicatio 3), vindicatio pignoris 4), vindicatio servitutis 5), petitio hereditatis 6), actio ad exhibendum 7)) bonae fidei iudicia 8) (expressly mentioned being at least the actio tutelae 9)), actio depositi 10), actio commodati 11), actio rei uxo- riae 12), actio rerum amotarum 13), actio furti 14), actio de dolo 15), actio quod metus causa 16), and actio Fabiana 17). Also mentioned is actio stricti iudicii 18) but terms of this sort are Justinianic. Iusiurandum in litem had two different functions. It could be given in an attempt to find the true loss which the plaintiff had suffered; or it could be given, no doubt usually at an unrealistically high figure, to persuade the defendant to perform a particular obliga- tion rather than suffer condemnation. Schulz 19) denies that the idea of iusiurandum in litem was to compel the defendant to make specific restitution by threatening him with an assessment made by the plaintiff who might overvalue. He suggests that modern historians
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1966
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