Legal Definitions - intentio

Intentio is a historical legal term, primarily originating from Roman law and later appearing in early common law. It refers to the crucial initial statement within a legal proceeding where the plaintiff formally articulates their specific claim or demand against the defendant.

In essence, the intentio was the core of the plaintiff's case, clearly outlining what wrong they believed had occurred and what remedy they sought. It was the foundation upon which the entire legal dispute would be built and judged.

• Example 1 (Roman Law - Property Damage):

  Imagine a Roman farmer, Gaius, whose olive grove was damaged when his neighbor, Brutus, negligently allowed his herd of goats to wander onto Gaius's land. In the formal legal process of the time, Gaius's intentio would be the precise statement within the legal formula presented to the judge. It might read: "If it appears that Brutus ought to pay Gaius 200 sesterces because Brutus's goats unlawfully destroyed Gaius's olive trees..."

  This example illustrates how the intentio clearly and concisely stated the plaintiff's grievance (damaged olive trees), identified the alleged wrongdoer (Brutus), and specified the desired compensation (200 sesterces), forming the basis of the legal action.

• Example 2 (Early Common Law - Land Dispute):

  Consider a scenario in medieval England where a lord, Baron Alaric, believes that a neighboring knight, Sir Kael, has unjustly encroached upon and occupied a portion of land that rightfully belongs to Baron Alaric's estate. In a "real action" (a legal proceeding concerning real property), Baron Alaric's initial formal pleading, which would have been referred to as an intentio or "declaration," would state something like: "Baron Alaric declares that Sir Kael unjustly and without judgment dispossessed him of the northern pasture of Oakhaven Manor, which is Baron Alaric's rightful freehold, and therefore Baron Alaric seeks its recovery."

  Here, the intentio serves as the plaintiff's formal and specific statement of their claim to the land, detailing the alleged wrongful act (dispossession) and the desired outcome (recovery of the property), initiating the legal process to resolve the ownership dispute.

• Example 3 (Roman Law - Breach of Contract):

  Suppose a Roman artisan, Julia, commissioned a custom marble statue from a sculptor, Quintus, agreeing to pay upon completion. Quintus delivered a statue that was clearly not what was agreed upon, failing to meet the specified design. Julia's intentio in her legal action against Quintus would articulate her claim, perhaps stating: "If it appears that Quintus ought to pay Julia 150 denarii because he failed to deliver the agreed-upon marble statue according to the terms of their contract..."

  This demonstrates the intentio as the foundational statement of the plaintiff's legal demand, clearly outlining the breach of agreement and the specific financial remedy sought due to the defendant's failure to fulfill their contractual obligations.