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JUDICA´TI

JUDICA´TI, A´CTIO. A defendant who was condemned in an action was under an obligation to satisfy the judgment, i. e. to pay to the plaintiff the sum of money which the judex had awarded; and the actio judicati was the mode which the successful party had to adopt in order to compel the defendant to fulfil his obligation. The ground of the actio judicati being the judgment debt, the defendant was not allowed to go behind the judgment and dispute the [p. 1.1032]original claim. In the “legis actio per manus injectionem,” which was the ancient process for obtaining execution against a judgment debtor, the defendant was not able to defend the action himself, though, if a third person undertook the cause on his behalf as vindex, the action might be defended; but in the actio judicati the defendant was entitled to defend himself on the ground that he had not been condemned or that the condemnation was invalid. He was obliged, however, to give security to the amount of the judgment (judicatum solvi satisdare); and if his defence was unsuccessful, he was mulcted in double the amount of the judgment. The object of the actio judicati was to obtain a decree of the magistratus by which execution was ordered against the person (duci jubere, Cic. pro Flacc. 19, § 45, 20.48; Lex Rubr. 100.21, 22) and the property of the defendant (missio in bona) [BONORUM EMPTIO]. Under the Empire the Praetor could enforce a judgment at once by pignoris capio. The actio judicati could not be brought till the time allowed the judgment debtor for paying his debt had elapsed (Gaius, 3.78; Gel. 20.1, § § 42-45).

When the original action had been carried on by a procurator on behalf of another, the actio judicati might be maintained by or against the principal. [PROCURATOR]

Dig. 42, tit. 1; Cod. 7, 52; Gaius, 4.9, 25, 102, 171; Cic. pro Flacc. 21, § 49 ff.; Paulus, Sent. Rec. 1, 19 ; Savigny, System, &c., 6.411; Bethmann-Hollweg, Der römische Civilprocess, § § 111, 156.)

[G.L] [E.A.W]

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