Pignus nominis

A creditor can establish a security right by pledging his claim. The right of pledge is considered an absolute right under current Dutch law, i.e. a right that can be invoked against anyone. A claim, on the other hand, is a relative right that can only be exercised against one or more specific persons. Considering this, is it possible that the pledgee's right in case a claim has been pledged is of an absolute nature? In order to provide a starting point for answering this question, A.J.H. Smit researches the Roman law pignus nominis, i.e. the pledge of a claim under Roman law.  The praetor awarded the pledgee an actio utilis to collect the pledged claim, that is, an action analogous to an existing action. What kind of action was this? Was it a personal or a real action? Following the example of which action did the praetor formulate this action? You will find the answer to these questions and to many others in this thesis.

Dissertation: http://hdl.handle.net/11370/faf6b47f-797c-4e4d-8a3d-5cbdde3a3b0d