Possessory interdicts
idea · 2 works · 4 mentions · 10 anchored passages
Uti possidetis · Utrubi · interdicts · De precario · De superficiebus · Interdicta recuperandae possessionis · Interdicta retinendae possessionis · Operis novi nuntiatio · Possessory Interdicts · Quam hereditatem
in the texts
Institutes of Roman Law
A set of named praetorian interdicts by which possession of land, an inheritance, or a usufruct is transferred or restored, especially where a party refuses to give security.
In the interdicts Uti possidetis and Utrubi, each party being originally both plaintiff and defendant, there were (A) two sponsiones and two restipulationes for a penal sum, on which stipulations the principal issue was founded:
In the time of Gaius, if the defendant in a real action refused to give security judicatum solvi, the possession was transferred from him to the plaintiff by the interdict Quem fundum, Quam hereditatem, or Quem usumfructum, as the case might be, and he was reduced at least for some purposes to the position of plaintiff;
‘All interdicts, though impersonal (Real) in terms, are in substance Personal actions.
Ancient Law
Summary Roman legal remedies originally devised to protect possessors, later co-opted by owners.
” Meanwhile the only legal remedies of which the tenants could avail themselves, if ejected or threatened with disturbance, were the Possessory Interdicts, summary processes of Roman law which were either expressly devised by the Prætor for their protection, or else, according to another theory, had in older times been employed for the provisional maintenance of possessions pending the settlement …