Actio De Peculio is a legal term derived from Roman law, referring to a legal action that allows a person to recover property or assets that were wrongfully taken or held by another person, specifically from a peculium. A peculium is a separate property or fund that is under the control of a person, typically a slave or a child, but distinct from their owner or parent’s property. The Actio De Peculio provides a means for the owner or parent to reclaim the property or assets held within the peculium, asserting their rightful ownership and seeking restitution for any damages or losses incurred.
Actio De Peculio is a legal action that originated in Roman law and is still recognized in some modern legal systems. It allows a person to seek compensation from the property of another person, known as the “peculium,” for a debt or obligation owed by that person. The peculium can be a separate fund or property that is under the control of the debtor but is distinct from their personal assets.
The actio de peculio is typically used in situations where a person, such as a slave or a child, has been granted a peculium by their owner or parent. This peculium can be used by the person for their own benefit, but they are also responsible for any debts or obligations incurred using the peculium. If the person fails to fulfil their obligations, the creditor can bring an actio de peculio to recover their debt from the peculium.
In modern legal systems, the actio de peculio has been adapted and incorporated into various legal frameworks. It is often used in family law cases, such as when a parent is held liable for the debts of their child or when a spouse is responsible for the debts incurred by their partner. The purpose of the actio de peculio is to provide a means for creditors to seek compensation from a separate fund or property, rather than relying solely on the personal assets of the debtor.
Overall, the actio de peculio is a legal action that allows creditors to seek compensation from a separate fund or property, known as the peculium, for a debt or obligation owed by another person. It provides a mechanism for creditors to recover their debts and ensures that individuals are held responsible for their financial obligations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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