ACTIO CIVILIS Meaning and
Definition
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Actio civilis is a Latin legal term that translates to "civil action" in English. It refers to a legal proceeding or lawsuit initiated by a private individual against another private individual, as opposed to criminal or public actions. In Roman law, actio civilis was a common form of legal action available to Roman citizens, allowing them to seek legal remedies or compensation for harm suffered.
The concept of actio civilis is based on the principle that individuals have a right to enforce their private rights and interests through the legal system. It provides a legal avenue for resolving disputes between private parties and seeking redress for civil wrongs such as breaches of contract, torts, property disputes, and personal injuries.
To initiate an actio civilis, the plaintiff (the person bringing the lawsuit) must formally submit a complaint or petitio to the appropriate court, specifying the facts of the case and the legal grounds for the claim. The defendant (the person being sued) then has the opportunity to respond and present their defense.
Actio civilis is a fundamental concept in civil law systems and has influenced legal systems around the world. It ensures that individuals can seek justice and protect their rights in a fair and impartial manner. The availability of actio civilis contributes to the stability and order of society by providing a means for resolving private disputes through legal channels.
Etymology of ACTIO CIVILIS
The phrase "ACTIO CIVILIS" comes from Latin, where "actio" means "action" and "civilis" means "civil". In the context of Roman law, "actio civilis" referred to a civil action, or a legal proceeding between private individuals. The term can be further traced back to the Proto-Indo-European root *kewis-, which means "settled" or "at peace". From this root, the Latin word "civis" (meaning "citizen") and ultimately "civilis" (meaning "civil") evolved.
