Abstract

This article explains that in Roman law, an action was the means of asserting a right in court and was closely identified with substantive law: without a right, there was no action. It describes three major procedural systems: the ordo iudiciorum privatorum (actions at law and formulaic proceedings) and the ordo iudiciorum publicorum (extraordinary proceedings). Actions in law are divided into declaratory actions (such as legis actio sacramento, per iudicis postulationem, and per conditionem) and executory actions (such as manus iniectio and pignoris capio), each with specific functions for asserting rights or enforcing obligations. Subsequently, the formulaic process introduced greater flexibility through a written formula issued by the praetor that organized the trial into stages such as intentio, demonstratio, adiudicatio, and condenatio. Finally, the extraordinary process simplified the procedure by taking place in a single phase before a state official.