ACTIO SERVIANA Meaning and
Definition
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Actio Serviana is a legal term derived from Roman law, specifically from the Civil Law system. It refers to a legal action that allowed a creditor to claim damages for the lost value of a property that they had lent to someone as a loan or deposit. This action could be utilized when the borrower or the depositor failed to return the same property or provided a property of lower value in return.
In Actio Serviana, the creditor could demand compensation equal to the difference between the value of the property that was loaned or deposited and the value of the property that was actually returned. This action was available to both creditors who had lent movable property (such as money) and those who had lent immovable property (such as land or a house).
The term Actio Serviana derives its name from the Roman jurist Quintus Mucius Scaevola, also known as Servius Scaevola, who is believed to have developed this action during the Roman Republic. The Actio Serviana has been regarded as a valuable legal tool for protecting the interests of the creditor, ensuring that they could seek fair compensation for the value of their property or its equivalent.
Although Actio Serviana has its origin in ancient Roman law, its principles have influenced and found application in various legal systems and jurisdictions throughout history, including in contemporary civil law systems.
Common Misspellings for ACTIO SERVIANA
- zctio serviana
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Etymology of ACTIO SERVIANA
The term "Actio Serviana" is derived from the Latin language. "Actio" means "action" or "lawsuit", while "Serviana" refers to a Roman jurist named Gaius Servius Aquilius, who is credited with developing this particular legal action.
In ancient Rome, the Actio Serviana was a type of legal remedy available in Roman law. It was primarily used in cases where a person was seeking compensation for damages that occurred due to the fault or negligence of another person. The Actio Serviana is associated with the law of obligations and the doctrine of Aquilian liability, which specifically deals with civil wrongs and the subsequent liabilities.
Overall, the term "Actio Serviana" is a combination of Latin words and is named after the legal scholar Gaius Servius Aquilius.
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