ACTIO DE PECULIO Meaning and
Definition
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Actio de peculio is a Latin legal term that refers to a legal action or remedy available in Roman law. Literally translated as "action concerning a peculium," it pertains to a specific type of property within the Roman legal system.
A peculium was a form of property held by a child or a slave during Roman times. It encompassed the assets or wealth that an individual was allowed to possess and manage separately from their parent or owner. It was a means of encouraging responsibility and autonomy for children or slaves, as well as fostering productivity and resourcefulness.
The actio de peculio, therefore, denotes the legal action that could be brought forth by the parent or owner of a child or slave to recover any liability or debt incurred by the peculium. This action could be initiated when the individual acting within their peculium had entered into transactions or incurred obligations or liabilities, either with the consent of the parent or owner or without such consent, depending on the specific circumstances.
The actio de peculio allowed the parent or owner to have a legal remedy to seek the recovery of debts from the separate property of the child or slave, without entailing personal liability. It was a means of protecting the interests of the parent or owner while respecting the individual's separate peculium rights. This action helped maintain the balance of power and responsibility within the Roman legal system.
