Actio Arbitraria

In the civil kw. An arbitrary action; one depending upon the discretion of the judge, {ex arbitrio jidkis pendens;) or in which the judge was allowed to determine according to equity and the circumstances of the particuku* case, how satisfaction should be made to the plaint; {permittitur judici ex bono et mqito, secundum cujiisgue rei de qua actum est wiiuram, asstimare quew Mimodum actori so Hsfieri oporteat.) If the defendant refused to conform to the decision of the judge, he might be condenmed at discretion; {nisi ariiiriojudicis actori satisfaciaty — eonaemnari debeat.) Inst. 4.

6. 31.

ACTIO BON^ FIDEI. In the civil law. An action of good faith; a species of equitable action ex contractu, in which the judex was allowed a discretionary power of determining upon principles of justice and equity, {ex* bono et o Bquo,) how much should be paid to the plaintiff, {quantum actori restitui debeat,) of allowing a set off {compensatio,) on the part of the defendant, and generally of taking into consideration the circumstances of the case, the intentions of the parties, and whatever was understood ex fide bona* Inst. 4.

6. 28. 30. ffeinecc.

Elem. Jur. Civ, lib.

4, tit. 6, §§ 1183, 1185. 1 Mackeld. Civ, Law, 194, § 197.

These actions were also called arbitria, and the judex, arbiter; they were always brought for an incertum, (something indefinite or not ascertained,) and were distinffuished from the actiones stricti juris, which were governed by strict rules, and were always directed to a certum. Id. ibid.

See Actio stricti juris.