Actio Pigneratitia

An action for a thing pledged after payment of the debt. Hunter, Rom. L. 448. ACTIO PR/ESCRIPTIS VERBIS. A form of action which derived its force from continued usage or the responsa prudentium, and was founded on the unwritten law. 1 Spence, Eq. Jur. 212. The distinction between this action and an actio in factum is said to be, that the latter was founded not on usage or the unwritten law, but by analogy to or on the equity of some subsisting law; 1 Spence, Eq. Jur. 212. ACTIO REALIS (Lat). A real action. The proper term in the civil law was Rei Vindication Inst. 4. 6. 3.