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p835 Per Condictionem

Article by George Long, M.A., Fellow of Trinity College
on p835 of

William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.

PER CONDICTIO′NEM. This Legis Actio, says Gaius, was so called because the plaintiff gave notice to the defendant to be present on the thirtieth day after the notice in order that a judex might be appointed (comp. Gell. X.24). It was an actio in personam and applicable to those cases in which the plaintiff required the defendant to give something (qua intendit dari oportere). This Legis Actio was introduced by a Lex Silia in the case of a fixed sum of money (certa pecunia), and by a Lex Calpurnia in the case of any definite thing. Gaius observes that it does not appear why this form of action was needed, for in a case of "dari oportere" there was the Sacramentum, and the Per Judicis postulationem. The name Condictio was applied to actiones in personam, after the legis actiones fell into disuse, though improperly, for the notice (denuntiatio) whence the legis actio took its name was discontinued (Gaius, IV.18, &c.).

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