Pignoris capio в римското публично право
Pignoris capio in the Roman public law

Author(s): Krasimir Genov
Subject(s): Law, Constitution, Jurisprudence, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: pignoris capio; Roman public law
Summary/Abstract: The history of pignoris capio is really long. This institution was already known in archaic period in customary law and during the Republic it was used by magistrates with the imperium in case of their orders neglect, insult to their person, non execution of public duties of the lower magistrates, refusal of roman citizens to enlist in the army or if any threat for public interests took place. Initially pignoris capio had extrajudicial nature and resembled arbitrariness and self-help. But with the lapse of time institution of pignoris capio became ordered and got clear juridical borders, so it was used both in private and public law. The institution was used by the roman magistrates along with imposing of fine and it consisted of seizure of pledge as mean of compulsion, which seized property in certain cases could be even destroyed.

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