Concurrence of actions
Determination of the concurrence of all the various actions available in case of theft was reasonably straightforward. Any of the actiones poenales could be brought together with any of the reipersecutory remedies.
Thus, the actio furti could be cumulated with either the rei vindicatio or the condictio ex causa furtiva or a contractual action.[4844] [4845] As a result, the plaintiff had the chance to obtain, in cases of furtum nee manifestum, three times—and, in the event of furtum manifestum, even five times—the value of the object stolen. Rei vindicatio, condictio ex causa furtiva and (if available) a contractual claim, on the other hand, stood in a relationship of elective concurrence towards each other; once either of these remedies had been brought, the plaintiffs legitimate interest in receiving compensation had been satisfied and another lawsuit ad rem persequandam was thus out of the question.162 Finally, it need hardly be emphasized that the penal actions could not be cumulated either.[4846]
More on the topic Concurrence of actions:
- Classifications of actions
- Chapter 4 ‘Actions'
- Actions at law and their classification
- Penal actions (actiones poenales)
- The Law of Actions
- Actions with a formula incerta
- Chapter 6 The Law of Actions
- II THE ACTIONS ARISING FROM THEFT
- APPENDIX I. THE RELATION OF THE CONTRACTUAL ACTIONS ADIECTITIAE QUALITATIS TO THE THEORY OF REPRESENTATION.
- Justinian's Institutiones and the relation between actions and obligations
- APPENDIX IL FORMULATION AND LITIS CONSUMPTIO IN THE ACTIONS ADIECTITIAE QUALITATIS.
- Roman private law developed from the law of procedure, otherwise recognized as the law relating to actions.
- Eiability between socii