ACTIO JUDICATI - Black's Law Dictionary

What is ACTIO JUDICATI? Definition of ACTIO JUDICATI in Black's Law Dictionary

An  action  instituted,  after four months had elapsed after the rendition of judgment, in which the judge issued his warrant to seize, first, the movables, which were sold within eight days afterwards; and then the immovables, which were delivered in pledge to the creditors, or put under the care of a curator, and if, at the end of two months, the debt was not paid, the land was sold. Dig. 42, 1; Cod. 8, 34.

According to some authorities, if the defendant then utterly denied the rendition of the former judgment, the plaintiff was driven to a new action, conducted like any other action, which was called actio judicati, and which had for its object the determination of the question whether such a judgment had been rendered. The exact meaning of the term is by no means clear. See Savigny, Syst. 305, 411; 3 Ortolan, Just. § 2033.

More On This Topic:
ACTIO PUBLICIANA
ACTIO VI BONORUM RAPTORUM
ACTION ON THE CASE

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