The book by Emanuela Calore has drawn the attention to the compensatory and, sometimes, penal nature of the actio quod metus causa. The work is the starting point for taking into consideration the similar structure of some other ‘mixed’ actions, which combine both functions to grant a remedy for each specific case — without building, in Roman law, a system af ‘actiones mixtae’. In fact, it is only the later civilian tradition that will trace a more rigid distinction between the compensatory and the penal functions, denying the possibility of their coexistence in the same action.
Actio quod metus causa e le azioni 'miste'
CURSI, MARIA FLORIANA
2015-01-01
Abstract
The book by Emanuela Calore has drawn the attention to the compensatory and, sometimes, penal nature of the actio quod metus causa. The work is the starting point for taking into consideration the similar structure of some other ‘mixed’ actions, which combine both functions to grant a remedy for each specific case — without building, in Roman law, a system af ‘actiones mixtae’. In fact, it is only the later civilian tradition that will trace a more rigid distinction between the compensatory and the penal functions, denying the possibility of their coexistence in the same action.File in questo prodotto:
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