Roman Legal Remedies: A Guide to Doli, Metus, and Condictio
Roman Legal Remedies
Doli, Metus, and Condictio
Exceptio Doli
This exception allows defendants to object to the plaintiff’s claims if the plaintiff acted fraudulently. It aims to invalidate the plaintiff’s legal right when its exercise contradicts good faith.
Actio Doli
This action sought to annul fraudulent legal transactions and punish the perpetrator with a penalty while providing restitution to the victim. Considered a criminal action, it was granted only as a last resort and had to be brought within one year of the fraudulent act. After a year, an actio in factum, a non-criminal action, could be pursued for compensation.
Restitutio in Integrum propter Dolum
This procedural action aimed to annul an act or contract under specific grounds, restoring parties to their original state. It was an extraordinary remedy used only when no other legal action or exception was available.
Actio Quod Metus Causa
This action sought to punish the defendant and obtain redress for the victim of coercion. If brought within one year, the victim could receive four times the value of the surrendered item or four times their asset decrease. After one year, the conviction covered only the amount of the injury.
Exceptio Quod Metus Causa
This exception allowed victims of coercion to defend against claims by the perpetrator, effectively halting the implementation of the flawed business.
Restitutio in Integrum propter Metus
This action restored parties to their pre-contractual state as if the coerced transaction had never occurred.
Various Condictio Actions
Condictio Indebiti
This action sought the restitution of something given or paid without a valid reason. It aimed to recover payment for something that shouldn’t have been paid.
Condictio Causa Data Causa Non Secuta
Used when one party provided something expecting a reciprocal benefit that wasn’t delivered. It allowed the party who performed their part of the agreement to request the return of what they provided.
Condictio Ob Turpem Vel Iniustam Causam
This action prevented unjust enrichment from immoral or illegal acts. It allowed recovery of money paid for an illegal or immoral purpose.
Condictio Sine Causa
This action nullified acts without a valid cause. It was used when no specific condictio applied and aimed to restore possession of items transferred without justification.
Condictio Ex Causa Furtiva
Granted to theft victims against the thief and their heirs, this action nullified legal actions concerning the stolen item and allowed the victim to claim compensation equal to the item’s highest value after the theft.