Petitory

Scottish Law: Petitory in the Past

In the Scotch law, petitory actions are so called, not because something is sought to be awarded by the judge, for in that sense all actions must be petitory, but because some demand is made upon the defender, as a result either of the right of property (see more about this popular legal topic in the U.K. encyclopedia) or credit in the pursuer. therefore, actions for restitution of movables, actions of pounding, of forthcoming and indeed all personal actions upon contracts (see more about this popular legal topic in the U.K. encyclopedia) or quasi contracts (see more about this popular legal topic in the U.K. encyclopedia), which the Romans called condictiones, are petitory. Ersk. Inst. b. 4, t. 1, n. 47. [1][rtbs name=”scottish-law”]

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Notes and References

1. Partialy, this information about petitory is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including petitory.

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