ACTIO HONORARIA Meaning and
Definition
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Actio honoraria is a legal term originating from Roman law that refers to a type of legal action or lawsuit. The term is derived from Latin, where "actio" means action or lawsuit, and "honoraria" is derived from "honos," meaning honor or dignity.
In Roman law, actio honoraria was a category of legal actions that were granted by a magistrate or judge based on his discretionary power rather than being prescribed by specific legal provisions. These actions were typically created to address situations or disputes that were not covered by existing legal remedies.
Unlike the strict and rigid nature of actiones legis, which were based on specific legal provisions, actio honoraria provided more flexibility and allowed judges to apply general principles of justice and equity. This discretionary power allowed judges to consider the peculiarities and specific circumstances of each case to ensure a fair outcome.
Actio honoraria was often used in cases involving contracts, property rights, and disputes between individuals. It was also employed in cases where plaintiffs sought compensation for non-material damages, such as insults, injuries to reputation, or violation of personal rights.
In modern legal systems, the concept of actio honoraria is not directly applicable. However, the idea of discretionary power and the application of equitable principles can still be observed in judicial systems across different countries around the world.
Etymology of ACTIO HONORARIA
The term "actio honoraria" has its origins in ancient Rome, specifically in Roman law. "Actio" is derived from the Latin word "agere" meaning "to do" or "to act", while "honoraria" is derived from the Latin word "honor" meaning "honor" or "respect".
In Roman law, there were two types of legal actions or lawsuits: "actio civilis" and "actio honoraria". The "actio civilis" pertained to actions based on the strict application of existing laws, while the "actio honoraria" referred to actions based on new laws or edicts issued by the praetor (a Roman magistrate who had judicial authority).
The term "actio honoraria" can be interpreted as "honorable action" or "action based on honor".
