Law of actions

Geoffrey Samuel ()

Chapter 10 in Principia Iuris, 2025, pp 186-203 from Edward Elgar Publishing

Abstract: The law of actions was the third generic category in the Gaius scheme, but, since the Humanist jurists, it has been replaced by the law of obligations. Actions are now to be found, on the continent, in codes of civil procedure. Nevertheless the notion of a legal action – now usually referred to as a remedy – remains of considerable importance in the common law world, and often cannot easily be separated from substantive law. Accordingly the maxims in this chapter distinguish between the different kinds of actions or remedies. In the civil law tradition one fundamental distinction is between actions in rem and actions in personam. In English law the common law courts could normally grant only monetary remedies (debt and damages) which was one reason why Chancery developed a whole series of non-monetary ones. However in the realm of public law, there were a number of prerogative writs issuing out of King's Bench which subsequently became the basis of today's judicial review action. All of these different kinds of claim are discussed in this chapter.

Keywords: Certiorari; Damages; Debt; Habeas corpus; Injunction; Mandamus; Prohibition; Rescission (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035350568
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