Interdict prominently in Roman law, as established procedure for resolving disputes in the case where they can not be solved within the ordinary civil law process.Application interdict possible to avoid a lengthy legal process and exercise mainly protect slaveholders.
concept of Interdict
Interdict - it's an order of the Roman Praetor, with resolve disputes without litigation.This order he would like to prohibit any act and, conversely, to make make anything.
In the original edition of the order after its execution is immediate, but further Praetor resigned on the proceedings.
Pretoria interdict are special cases of redress, this measure is used both in public and in private law cases.In order to appeal to the praetor for the resolution of your question, it is important to establish a violation of the right to possess anything, but to prove possession of the object or right.
Interdict in Roman law e
Roman law establishes the basis for modern legislation, it is a set of legal norms and rules that define the boundaries of legitimate action in the field of private and public law.
Interdict in Roman law is often used to protect private property.For example, if the illegal seizure of foreign territory came to the praetor have been asked to address this issue.Previously considered a document that confirms the ownership of this territory, and after the establishment of the truth is the right to return the interdict.That is why solutions Praetor is undeniable and not subject to appeal.
concept of ownership
In order to consider the question of how Interdict as aimed at the preservation of property, it should be understood that such a property in the Roman law, and in any case, you can qualify for its preservation.
acquire the right to property can be the case if it is awarded by the courts, such as the division of property.In addition, purchase anything you can by agreement of the parties, as well as the transfer of assets inherited after the death of the previous owner.
In some cases, talking about the possibility of preservation of property rights is not necessary.The loss of it occurs in some cases.The first is the damage to the things in which it can not be used further - split or broken.In addition, the loss of property occurs when the right holder withdraws from ownership (to confirm the need witnesses).Also, the ownership can pass to another person in the case when, because of the limitation period the previous owner lost it.
Types Interdict
As an interdict - a concept often associated with the property, there are several of its categories.
The first deals with the preservation of the right to own property.Interdict - a special remedy available.
second category - to regain possession of the selected force.
third interdict - a category of eligibility to own any property for the first time.
The concept of property in this case consists of movable and immovable possession.
Depending on the number of parties to which the interdict, distinguish single and double.Wherein the first applied to only one side, the second, respectively, to both.
By type of exposure are several Interdict: prohibitive, rehabilitation and predyavitelnye.The first of them have as their objective the prohibition of any action, the latter - the return of lost or lost the right or the subject, others suggest Providing the evidence of innocence in the form of documents or witnesses.
Interdict ensure the legality of owning real estate in the event that it was purchased legally and there are confirmed.
However, in the case of movable property should be noted that the legality of possession is recognized for those who have it is a large amount of time in the previous year.
