Abstract
This paper deals with an issue, why did Bernhard Windscheid write literature on actio of roman civil law. He asserted that actio of roman civil law was not right of bringing an action into court (Klagerecht), but right of requesting an act against another party (Anspruch). Through this assertion, he intended to reconstruct system of german material private law. The system which he made an attemt to establish took over a system, that Friedrich Carl von Savigny had asserted for bringing new perspective into german common law (gemeines Recht) in 19th century. The actio-system of roman civil law was replaced in german common law by new system of Savigny and Windscheid, which is called the system of rights by Professor Yasuhiro Ikadatsu.
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