Define: Actio Serviana

Actio Serviana is a legal concept derived from Roman law that refers to a type of action available to a creditor against a debtor who has caused damage to the creditor’s property. This action allows the creditor to claim compensation for the loss or damage caused by the debtor’s negligence or fault.

Under Actio Serviana, the creditor must prove that the debtor’s actions or omissions directly caused harm to the creditor’s property. The action can be brought regardless of whether there is an existing contractual relationship between the parties. However, the creditor must establish a causal link between the debtor’s conduct and the damage suffered.

Actio Serviana is based on the principle of fault liability, meaning that the debtor is held responsible for the damage caused due to their negligence or fault. The creditor can seek compensation for the actual loss suffered, including any costs incurred to repair or replace the damaged property.

It is important to note that Actio Serviana is a legal concept derived from Roman law and may not be applicable in all jurisdictions. The availability and specific requirements of this action may vary depending on the legal system in which it is being applied.

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.