An interdict is a way to resolve contentious issues. The notion of an interdict in Roman law

Interdictions occupied an important place in Roman law, since they established the order of solving disputable issues in the event that they can not be resolved during the normal civil-legal process. The use of interdicts made it possible to avoid a lengthy judicial process and protect mainly slave owners.

The notion of interdict

An interdict is an order of the Roman praetor, while a contentious issue is resolved without a trial. In this order, he could either forbid any action, and, conversely, force him to do something.

In the original version, after the issuance of the order, immediate execution took place, but later the praetor resigned from his duties in this proceeding.

Pretorian interdicts are special cases of restoration of the violated right, this measure is applied both in the sphere of public and in cases of private law. In order to apply to the praetor for the resolution of his question, it is important not to establish the fact of violation of the rights to own something, but to prove possession of this object or right.

Interdict in Roman law

Roman law establishes the basis for modern legislation, it is a body of legal norms and rules that determine the limits of the lawfulness of actions in the field of private and public law.

An interdict in Roman law was often used to protect private property. For example, in the event that the seizure of a foreign territory was illegal, the praetor was asked to address this issue. Preliminary consideration was given to documents that confirmed the ownership of the territory, and after establishing the truth, the interdict returned this right. That is why the praetor's decisions were unquestionable and were not subject to appeal.

The concept of ownership

In order to consider the question of interdict as a measure aimed at preserving property, it is necessary to understand what is property in Roman law and in what case it is possible to claim its preservation.

To acquire the right to property can be in the event that it is awarded in court, for example, when dividing the property. In addition, you can buy something by agreement of the parties, as well as in the transfer of property by inheritance after the death of the previous owner.

In some cases it is not necessary to talk about the possibility of preserving the right of ownership. His loss occurred on several occasions. The first of these is damage to the thing, in which it can not be used further - broken or broken. In addition, the loss of property occurs in the case when the right holder himself refuses possession (witnesses are needed for confirmation). Also, the right of ownership can be transferred to another person in the event that, due to the limitation period, the previous owner lost it.

Types of interdicts

Since an interdict is a concept often associated with property, there are several categories of it.

The first is related to the preservation of the right to own property. Interdict - a special means of protecting the available.

The second category is the return of forcibly selected possession.

The third interdict is the category of obtaining the right to own any property for the first time.

The concept of property includes movable and immovable property.

Depending on the number of parties to which the interdiction relates, distinguish between simple and double. The first is applicable only to one side, the second, respectively, to both.

By the type of impact, several interdicts are distinguished: prohibitive, restorative and presumptive. The first of them set as their goal the prohibition of any action, the second - the return of lost or lost rights or the subject, others require the presentation of evidence of rightness in the form of documents or witnesses.

The Interdict ensures the legality of possession of immovable property in the event that it was acquired legally and that there is confirmation.

However, in the case of movable property, it should be borne in mind that the legality of possession is recognized for those who have had more time in the previous year.