El embargo ejecutivo en la extraordinaria cognitio (pignus in causa iudicati captum)

Abstract

Pignus in causa iudicati captum is the expression used by the modern experts to name the way of execution of condemnations used in the procedural system called extraordinaria cognitio. His origin is in a rescriptum of the emperor Antonino Pío, but his relation with previous institutions is debatable. This institution is an adaptation of the conventional pledge in which the judge gets hold of goods of the condemned to force him to fulfill the judgment or to sell the goods and with the money to pay the creditor. Pignus in causa iudicati captum is the direct precedent of the modern seizure of goods in execution of judgment. The roman sources raise the practical problems of this institution like the judicial competence, the requirements necessary for the execution, the order to proceed in the seizures, the incidental questions, the failure of the auction and warranty of the buyer.