Hereditatis petitio
idea · 1 work · 6 mentions · 11 anchored passages
hereditatis petitio · Vindicatio · hereditatis petitio possessoria · real action · vindicatio
in the texts
Institutes of Roman Law
The real action for ownership (vindicatio) and the action to claim an inheritance (hereditatis petitio), analyzed as examples for the general theory of intentio and defence.
In the department of law relating to real rights the defendant in a vindicatio by putting forward the exceptio rei venditae et traditae may counterpoise the plaintiff’s quiritary title by objecting his own bonitary title, see 2 §§ 40-61, comm.
Examples of the second line of defence are in real action the averment of a subsequent loss of ownership by dereliction or usucapion or alienation, or loss of servitus by non-usus:
In hereditatis petitio, the original nullity of a will is pleaded, or the plaintiff’s testamentary title is avoided, by averment of the preterition by the testator of a suus heres.