Legal Definitions - lex Silia

The lex Silia was an important ancient Roman law, likely enacted around 250 B.C. Its primary significance was that it introduced a specific, streamlined legal procedure for individuals to recover a fixed, predetermined sum of money owed to them. Before the lex Silia, pursuing such claims might have involved more complex or less direct legal avenues. This law provided a standardized way to claim a clear, agreed-upon monetary amount, making the process more efficient for certain types of debts.

• Example 1: Recovering a Simple Loan

  Imagine a Roman citizen, Marcus, lends his neighbor, Lucius, 500 sesterces with an agreement that Lucius will repay the exact amount in one month. When the month passes, Lucius fails to repay the debt. Under the provisions introduced by the lex Silia, Marcus could initiate a specific legal action to claim precisely the 500 sesterces owed, as it was a fixed sum of money agreed upon in advance.

• Example 2: Unpaid Purchase Price for Goods

  Consider a scenario where a Roman merchant, Julia, sells a quantity of olive oil to a customer for a set price of 200 denarii. The customer takes the oil but then refuses to pay the agreed-upon amount. The lex Silia would provide Julia with a direct legal pathway to demand the specific 200 denarii that were due, as the claim was for a fixed sum resulting from a clear transaction.

• Example 3: Claiming a Fixed Penalty

  Suppose a contract between a landowner, Gaius, and a builder, Decimus, stipulated that if Decimus failed to complete a specific construction project by a certain date, he would owe Gaius a penalty of 100 sesterces. If Decimus missed the deadline, the lex Silia would enable Gaius to pursue a legal action specifically for the predetermined 100 sesterces penalty, as it represented a fixed monetary obligation that had become due.