Legal Definitions - persequi

Persequi

In Roman law, persequi refers to the act of pursuing a legal claim or asserting a right through a formal court process. Essentially, it means to bring a matter before a judge or tribunal to seek a specific outcome or remedy.

Here are some examples illustrating the concept:

• Example 1: Property Boundary Dispute

  Imagine a homeowner discovers that their neighbor has built a fence several feet onto what the homeowner believes is their property. The homeowner decides to file a lawsuit to legally establish the correct boundary and compel the neighbor to remove the encroaching fence. This act of initiating a formal legal proceeding to assert their property rights and reclaim the disputed land is an instance of persequi.

• Example 2: Breach of Contract

  Consider a small business that contracted with a software developer to create a custom application, but the developer failed to deliver the promised software on time and to specification. The business decides to sue the developer to recover the money paid and any losses incurred due to the delay. Their action of bringing a lawsuit to enforce the terms of the contract and seek compensation is an example of persequi.

• Example 3: Challenging an Inheritance

  Suppose a person believes they were unjustly excluded from a deceased relative's will, or that another beneficiary is attempting to claim assets that rightfully belong to them. They decide to initiate a probate court action to challenge the will's validity or to assert their rightful share of the inheritance. This formal legal step to claim their entitlement through the judicial system is an application of persequi.