action pledge

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Actio pigneraticia - under Roman law, the plaintiff's claim against pledge, resulting from contractus pigneraticius. Characteristics of the action

The principal debtor in the pledged contract was a pledgee - he was obliged to return the pledgor's pledge upon expiry. During the term of the pledge he was obliged to keep things in proper condition, as he could not use things as well. For the proper execution of the contract, the pledge was to the culpa levis.

The act of pioneering actio pigneraticia was the protection of rights corresponding to those obligations. Initially based on facts, over time it has become a complaint of good faith. Bibliography

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