Denegare iudicium e denegare actionem

Abstract

The expressions denegare iudicium and denegare actionem are both used to point out the refusal on the part of the magistratus cum iurisdictione to grant the action. However, in the opinion of the author, these expressions have different meanings. Denegare iudicium is used in contexts that are not compatible with the granting of a formula provided with exceptiones; while denegare actionem is used when the praetor was given the opportunity either to refuse the granting of the action or to give a formula provided with exceptiones.