On Actio In Rem

"Actio in rem" is an important concept in Roman law.In the Roman law actio dividesinto two categories: actio in rem and actio in personam.Actio in rem and actio in personam have the essential difference with each other which that actio in rem should be claimed by the words "si paret rem meum est" and the be claimed by the words "si paret dare oportere",the former would be referred as to "Subject+Predicative" structure and the later "Subjec+Verb+ Indirect Object+Direct Object " structure.if only by the standard,the grammatical structure of claim as an Ancient method it would make a mistake to judge that an actio is in rem or in personam.The mordern standard put by myself is to analysis the legal relationship prosecuted,and by them essential difference between actio in rem and actio in personam would be seen.The study of actio in rem Is conducive to the Theory of Suit Type,The Canonical of Claim.And I hope the the use of concept actio in rem be resurrect In academia again,with defined the concept "reality" and pointed out the Roman solution to some mordern civil procedure problems.Beside the introduction and conclusion there are four parts and all of them are 52000 words:The first part is a formal investigation of the actio in rem.By the study ofliterature,actio forms,historical forms,the main conclusion are: the meaning of "in rem" is relatively stable,the concrete actio form of the actio in rem is very rich,and "vindicatio" is typical form of actio in rem.The second part analyzes the structure-element of vindicatio,and it can be divided into actio element,litisi contestatio element and condemnatio element three part for the structure of itself.The main conclusion is that the choice of specific actio form in Roman law is influenced by theattribute of object,which means that the element of "actio object" is the key point to grasp the types of suit.In Roman law,actio's cleam is inconsistent with the specific form of the penalty,and the design has a reasonable degree of rationality.The third part analyzes and summarizes the define of "reality".The ancient standard ofcan be referred to as the "claim's language analysis method".This part gives a modern explanation and can be called "legal relational structure analysis".The fourth part Introducet the current situation of "actio in rem",and advocate the application of "actio in rem" in mondern theory and system of civil percedure law.The concept of actio in rem has become "inconceivable" in the continental law system,and "admiralty actio in rem" in the Anglo-American law system is not "actio in rem" in Roman law.The current situation of actio in rem can be explained by the "principle of linguistic reciprocity",and on the other hand,it reveals the great difference of knowledge type in ancient and modern law.The concept of actio in rem is used to analyze and solve the existing theoretical problems and institutional problems,which is the best "resurrection" of the concept of "actio in rem".