xi. actiones adiectitiae qualitatis Flashcards
ACTIONES ADIECTITIAE QUALITATIS
= permits creditor to extend contractual claim he has against a typically impecunious debtor to the principal behind that debtor whom he can expect to have sufficient means to satisfy creditors claim
types of ACTIONES ADIECTITIAE QUALITATIS
ACTIO DE PECULIO
ACTIO DE IN REM VERSO
ACTIO QUOD IUSSU
ACTIO DE PECULIO
= a person who has granted a PECULIUM (separate assets put at disposal of the person in power for his independent management) to another in his power, he becomes liable for his debts.
→ for every contractual obligation, NOT limited to connection to economic activity
→ limitations imposed on PECULIUM does not have impact on this action!
PRO VIRIBUS
liability up to a certain sum
CUM VIRIBUS
liability limited to certain assets
principals liability in ACTIO DE PECULIO
→ principal’s liability is limited to what the PECULIUM is worth at passing the sentence
→ claims that dominus has against PECULIUM have to be subtracted first
→ changes made with dolose intent does not reduce liability
→ payment of debt is not dolose action
→ in case of more creditors, they are satisfied in order the claims were enforced
ACTIO DE IN REM VERSO
= dominus derives financial advantage from the business dealings of the person in his power
→ used when no PECULIUM or debt exceeds the amount of PECULIUM
→ for the amount agreed upon with person in power, never more than with which the dominus was enriched
types of situation for which ACTIO DE IN REM VERSO can be used
person in power closes transaction and uses the obtained performance to:
1. fulfil obligation of dominus
2. to pay for necessary expenses of dominus
3. incorporated in dominus’s regular capital (administered directly and not through using persons in his power or agents)
→ requirement that person in power intended to enrich dominus
ACTIO QUOD IUSSU
= dominus is liable under this action for the debts of the person whom he expressly authorised to enter into contracts on his behalf (IUSSUM).
→ It may extend to a single transaction or a whole category of contracts.
→ RATIHABITIO likewise leads to this action.
ACTIO EXERCITORIA
= a shipowner (EXERCITOR) had made it known that he had placed the management of the business in the hands of the captain (MAGISTER NAVIS) and is liable for all debts he incurs for the operation.
ACTIO INSTITORIA
= someone who runs a business (DOMINUS) makes it known that he had entrusted the management to a manager (INSTITOR) and is liable for all debts he incurs that are connected to operation of business.
→ principal may limit scope of PRAEPOSITIO by an explicit declaration and thus exclude liability
PRAEPOSITIO
= externally cognisable appointment to managing captain or manager
analogies to ACTIO INSTITORIA
- if procurator (administration of internal affairs of dominus’ property) is given PRAEPOSITIO and thus authorised to conduct business with third parties, dominus is liable
- procurator without PRAEPOSTIO closes transaction based on a mandate and third party knows of mandate
