Présentation de l'éditeur
Primarily this involved both a declaration of privilege and of a right, followed by an executory injunction. .T he real development of this form of relief by action is to be found in the Roman civil law of the Middle A ges, notably in I taly. A mong the several forms of protection against the assertion of imfoundea claims which grew up at that period, four received extended app Ucation: (1) the provocatio ex lege diffamari, which affords the broadest foundation for the modem negative declaratory action, and the provocatio ad agendum ex lege si contendat ;(2)the so-called querela nu Uitatis, upon which the modem civil-law actions declarmg the nullity of legal transactions is foimded; (3) the so-ca Ued liberationis condictio; and (4) the actio negatoria utilis. There were of course certain additional remedies to assiu eprotection against unfounded claims, but these were usually incidental to some coercive relief which was prayed. These are the protection of possession against the turbatio verbis through the assertion of false claims, and the flexible imploratio judicis for the determination of privilege or nonliability, i. e., immunity. This variety of measures for the protection of security would indicate that society during the Middle A ges was more sensitive than were the Romans to the social and incfividual danger of insecurity arising out of uncertainty of legal relations. This is traceable in two well-lmown legal phenomena of that period: the conceptions (a) that it was a personal mjury in the nature of slander to have an xmf ounded action broujght against one; and (6) that society had an interest in the protection oi the status quo. While an action is a method of restoring a disturbed legal equilibrium and therefore an aid to ordered commxmity life, it nevertheless constitutes a disturbance of the peace of the person threatened with it. For him it is a
(Typographical errors above are due to OCR software and don't occur in the book.)
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