Pecunia constituta: Erfullungszusage und Konstitutsklage im romischen Recht

The Roman lawsuit, the actio de pecunia constituta , traditionally referred to as the constitution of debt ( constitutum debiti ) , has been puzzling science for centuries. In the course of time it was used to enforce damage caused by delay, it was observed in the case of agreements similar to a castle, it was seen as a tried and tested means of overcoming the compulsory type obligation under the law of obligations and as a basis for liability from a bill of exchange. The Roman debt constitution lies at the intersection of liability law, civil procedural law, promises of debt, intercession, castle, accession, novation and other institutes and system terms. In a historical cross-section, from the beginning of the lawsuit in the Roman Republic to the modern age, the work illuminates not only the origin of the lawsuit and the dogmatic treatment of the underlying edict by the classical Roman jurists, but also how the later ones dealt with it after their departure Process means that have become obsolete by the form procedure.