Legal Definitions - postulatio actionis

Postulatio actionis is a Latin term originating from Roman law. It refers to the formal process where an individual would make a request to a magistrate—a high-ranking judicial official—for permission to initiate a legal proceeding or bring a lawsuit.

In the Roman legal system, unlike many modern systems where a lawsuit can often be filed directly, obtaining the magistrate's approval was frequently a mandatory preliminary step. This permission was essential before the substantive legal arguments and trial could commence.

• Example 1: Property Boundary Dispute

  Imagine a Roman landowner, Marcus, believes his neighbor, Lucius, has illegally moved a boundary marker, encroaching on Marcus's property. Before Marcus could formally present his case for the return of his land or compensation, he would first have to submit a postulatio actionis to the relevant praetor (a type of magistrate). This request would seek the praetor's permission to open a legal action concerning the property dispute.

• Example 2: Breach of Contract

  Consider a scenario where a Roman merchant, Julia, had a contract with another merchant, Gaius, for the delivery of a specific quantity of grain. If Gaius failed to deliver the grain as agreed, Julia could not immediately proceed to argue her case for damages. Instead, she would first need to make a postulatio actionis to the magistrate, requesting authorization to bring a legal action against Gaius for breach of contract. Only upon receiving this permission could she formally pursue her claim.

• Example 3: Seeking Redress for Personal Injury

  Suppose a Roman citizen, Claudia, was physically assaulted by another individual, Decimus. If Claudia wished to seek legal redress, such as compensation for her injuries or punishment for Decimus, she would first be required to present a postulatio actionis to the appropriate magistrate. This formal request would be her initial step to gain the necessary permission to initiate a legal action concerning the assault, allowing her to proceed with her claims in court.