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a parity of names agere praescriptis verbis, actio civilis in factum, actio civilis incerti

Along with agere praescriptis verbis in texts Labeona and other Roman lawyers of the classical period there are names actio civilis incerti and actio civilis in factum. Communis opinio these names synonyms that proves to be true the regular analysis of 5th title of 19th book Digest «De praescriptis verbis et in factum actionibus» («About claims upon with the business description in preskriptsii»).

The title name specifies in the claim «agere praecriptis verbis», but in the first (after principium) fragment D. 19.5.1.1 Papinian results decision Labeona which speaks about «actio civilis in factum».

In the most widespread name according to sources agere praescriptis verbis the instructions on formula structure in which the disputable set of facts came under to reflexion in preskriptsii (praescripta verba) are put in pawn. The name actio civilis in factum describes character of the claim. The given claim in its historical configuration which are going back to Labeonu, has not been included in edikt pretora, and it was given on the basis of the decree in the concrete case deserving claim protection that has been expressed in the characteristic in factum. On the other hand, the claim formula has been based on the right that is reflected in claim definition as civil civilis.

Sometimes in the literature there are sights that behind different names of claims I disappear different kinds of claims. According to M.Artnera, claims actio civilis in factum and actio civilis incerti had the sphere of application which is distinct from actio praescriptis verbis [691]. In a similar way, P.Vochi [692] and A.Burdeze [693] believe, that the claim actio civilis incerti, used, in particular, in fragment D. 2.14.7.2, represents the claim which is distinct from agere praescriptis verbis. The given hypotheses will be checked up more low at the analysis of area of use of such claims.

4.4.

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A source: Novitskaya Anna Andreevna. DOCTRINE FORMATION About the CONTRACT In the ROMAN JURISPRUDENCE. The dissertation on competition of a scientific degree of the master of laws. Moscow. 2014

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