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In Roman law, a creditor could establish a security right by pledging his claim ( nomen ) against a third person. In case of  pignus nominis , the praetor granted the pledgee an  actio utilis , which he could use to demand performance from the debtor of the claim that had been pledged to him. The prevailing doctrine with regard to the  actio utilis  in case of  pignus nominis  is that this action was formulated after the example of the  actio Serviana . Smit explains that in her opinion the praetor did not shape the  actio utilis  after the  actio Serviana , but after the action that the pledgor would have had against his debtor if he himself would have demanded performance from his debtor. Smit discusses the technique the praetor used, compares  pignus nominis  with assignment and proposes a reconstruction of the  formula  of the  actio utilis  that was given in case of  pignus nominis .

III. The actio utilis in case of pignus nominis