ACTIONES ADIECTITIAE QUALITATIS

Question 1

role of the additional actions

Answer 1

they can be used when the debtor is incapable of owning property because he’s in somebody else’s power against the debtor’s principal which can be expected to have sufficient means to satisfy the claim
obligations created by persons in power are legally binding

Question 2

which actions are there?

Answer 2

ACTIO DE PECULIO
ACTIO DE IN REM VERSO
ACTIO QUOD IUSSU

Question 3

ACTIO DE PECULIO

Answer 3

• if someone grants their person in power a PECULIUM, he becomes liable for his debts
• the person in power can acquire property and rights in rem for the person above him
• peculium grants comprehensive powers of authorization that can’t be limited; if they are, it has no impact on the actio de peculio
• the principal’s liability is limited to the value of the peculium

Question 4

can peculium be withdrawn and how does it affect the actio de peculio?

Answer 4

• it can be withdrawn at any time but if it is likely that a creditor will use actio de peculio, any change is regarded as dolose and doesn’t reduce the liability of dominus

Question 5

what if there’s more than one creditor?

Answer 5

then claims are satisfied in the temporal order in which they have been enforced until the liability is exhausted

Question 6

ACTIO IN REM VERSO

Answer 6

• principal was enriched by the person in power’s contractual dealings (VERSIO) and is therefore liable
• used where no peculium exists or where the claim exceeds the peculium
• limited to the amount which enriches dominus

Question 7

ACTIO QUOD IUSSU

Answer 7

• if dominus makes it known that he has authorised a person in his power to enter into contracts, he becomes liable to the creditor
• the creditor may invoke it to obtain the entire amount of his claim under the contract
• also valid for subsequent approval of a transaction entered into without authirozation

Question 8

what is a IUSSUM?

Answer 8

an authorization to contract given by the dominus to a person in his power; may be expressed in different ways, can relate to a single transaction or to a whole category

Question 9

ACTIO EXERCITORIA

Answer 9

• a shipowner who makes it known that he places the management of the business into the hands of a captain is liable for all obligations that the captain incurs for the operation of the ship

Question 10

what is a PRAEPOSITIO?

Answer 10

• the appointment as managing captain
• if it’s done without specification, it makes the shipowner liable for all ordinary business obligations made by the captain for the ship
• the owner can limit it by a declaration to potential business partners of the captain

Question 11

who can the captain be?

Answer 11

a person in the shipowner’s power/in another’s power/not in anybody’s power

Question 12

ACTIO INSTITORIA

Answer 12

if someone who runs a business makes it known that he entrusts its management to a manager, he is liable for all obligations incurred by the manager which are causally connected to the management of the business

Question 13

what is a PRAEPOSITIO here?

Answer 13

externally cognisable appointment as manager
- may be defined by declarations to potential business partners of the manager; if not - the owner is liable for all related obligations