[Vocabularius utriusque iuris]

oath having been offered, I swore the thing to be mine, it is fitting for me to have the Publiciana action against you, just as how this ought to be understood is not fully [clear] there, and the oath is accustomed to be referred to him who offered it, Code, on the credit of the thing, law "Generally", paragraph "Everything", and by sacrament or otherwise by oath.

Prejudicial actions

are said to be in rem, through which it is sought whether someone is free, whether free-born, and in recognizing a birth. As in paragraph "Prejudicial", Institutes, on actions. But that through which it is sought whether someone is free, partly obtains a civil case, partly a praetorian one. Civil, however, according to the form of ownership by which it is sued directly in it. And praetorian, according to the form and manner of the praetor, since it is sought from you yourself, not from another possessor. The other two, however, take their form from the praetorian jurisdiction and are said to be in rem after the manner of the actions concerning servitude, since in this one it is sued concerning paternal right and that right of property. And they are called "prejudicial" because, just as exceptions are opposed to actions and are terminated before the primary question. If, however, anyone asks why they are called actions and not exceptions, let him take this reason: because there is no exception unless it is an exclusion of the action. These, however, prejudicial [actions] do not exclude some action, but they are said not to compete, and therefore they are called actions and not exceptions. For example, prejudicial actions of the praetor can be mentioned, because in them it is treated concerning a great prejudice, or because it prejudices the question moved, as if you sue against me and seek something, I oppose to you the question of status, saying that you are my son or a slave placed in my power, or are you free? And so of other things?. And it will prejudice your action moved against me. There are also other actions in rem in which it is not said concerning ownership but concerning the right of pledge, as the Serviana and quasi-Serviana; seek in its own place.

Action with prescribed words

descends from unnamed contracts, where indeed a civil case underlies, sufficient for introducing an action, and when the business does not fall into a certain and special name of contract, nor is the cause of such an action expressed. Thus, "I give that you may give, I do that you may do, I do that you may give, I give that you may do." From which arises the action with pre-

scribed words, named otherwise "civil". When something is present to me or absent, or will be present, and it is not present or will not be present for you, or it is not absent for me nor present for you, or if it is neither present for you nor absent for me, and you cease to fulfill what was agreed between us, I, however, did it as a benefit, the action of fraud is attempted. For where one ceases to fulfill what is in him, which he promised, the other fulfilling, this action has a place.

Praetorian actions

what they are and what, seek in the special title On actions or petitions, appended, paragraph "Lastly". They are called, however, praetorian, according to Azo, because they were introduced by the praetor, as in Institutes, on actions, in summary, according to the same.

Action for a partner

which is direct from either part, it is fitting [to sue] from the usufruct which only one of the partners perceives, or if he omitted fraud in all things. For it has a place when two enter into a contract of society, so that both profit and loss is common between them. And if any of the partners acts badly and fraudulently, then this action is given to the other against him. Society is, however, according to Azo, a junction of two or more things for more convenient use and richer gain. Which definition, according to what he himself says, is not in the laws but is found in Marcotullio a source cited by Azo. This action arises finally, however, when the society is finished, which is finished in several ways as he himself, Azo, follows in the same title.

Publician action

is given from equity to him who bought a thing in good faith from a non-owner, and received the thing handed over to him in good faith, believing the seller at the time of the sale and handing over to be the owner. Digest, paragraph "Publician". And if the thing. S. final. And it is sufficient for the buyer to have had good faith, even if the seller had bad faith and sold with cunning counsel, as in same, law, paragraph "The praetor says". When, however, it seems to contradict the authentic Code, on long time prescription, the possessor of bad faith alienating, the long time prescription ceases. The solution is held in the gloss, in the chapter "The Abbot", on the thing, in book 6. If, therefore, such a buyer, before he obtains by usucapion or before the usucapion is completed, falls from possession, let him seek the thing from the possessor by the right of quasi-ownership. And it is called the Publician action from Publicius, the actor who found it. Institutes, on actions, paragraph "Other". To this