The action quod metus causa lies


Actio quod metus causa - in Roman law, the penal action of the victim against the perpetrator of the extortion, ie the person applying the compulsive compulsion. Characteristics of the action

In Roman law, a legal act made under the influence of fear (metus) caused by the unlawful threat of another person was important. However, the injured person was able to evade the effects of this action by means of the appropriate means provided by the pretender, who was - besides the exceptio quod metus causa and the restitutio in integrum propter metum - the actio quod metus causa. He first gave her about 80 years ago. Octavius.

This action was directed at the perpetrator's punishment - the claimant could claim a fine in the quadruplum of interest he had in failing to do so under the threat. No quadruple condemnation was applied if the perpetrator at the summons of the judge (actio arbitraria) corrected the effects of the threat. The action was delayed by one year after the operation, but after that time the pretor gave the actio in fact a single amount of damage.

This complaint in the Justinian law was part of actiones in rem scriptae - it could also be directed against a person who had gained the benefit of a threat without being the perpetrator himself. Bibliography

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