ACTIO IN FACTUM Meaning and
Definition
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Actio in factum is a Latin legal term that translates to "action in fact" in English. It refers to a type of legal action or lawsuit that is based on a factual circumstance or a change in the circumstances of a case. This term is commonly used in civil law systems.
In legal terms, an action refers to the legal process or proceeding initiated by one party against another party in a court of law to seek a remedy or obtain a judgment. Actio in factum specifically emphasizes that the action is based on the facts of the case rather than on a specific legal provision or rule. It implies that the legal action is brought forward due to a specific incident or event, which has resulted in harm, injury, damage, or negligence.
Actio in factum is often contrasted with actio in iure, which is another type of legal action in civil law systems. Actio in iure refers to an action that is based on specific legal rights or provisions provided by the law. In contrast, actio in factum is not necessarily grounded in established legal principles but rather focuses on the factual circumstances surrounding the case.
Overall, actio in factum refers to a legal action that is initiated based on the factual circumstances or events occurring in a specific case, emphasizing the importance of evidence and factual details in the legal process.
