windykacja Rei vindicatio
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Rei vindicatio is a legal effect at hand which the plaintiff demands that the defendant earn a fetish that belongs to the plaintiff. It may barely be second-hand when plaintiff owns the matter, and the defendant is by fair means impeding the plaintiff's custody of the thing. The an arrangement originated in old Rome.
The plaintiff could also alliance an actio furti (a particular action) in state of affairs to thrash the defendant. If the fetich could not be recovered, the plaintiff could claim damages from the defendant with the subsidize of the condictio furtiva (a actual action). With the service of the actio legis Aquiliae (a bodily effect), the plaintiff could seek damages from the defendant. it is an initiative strictly ready to owners solitary,if you are a non owner you cannot claim under this model philosophy( you can fall heir to what you don't have)
Rei vindicatio was derived from the ius civile, therefore was barely convenient to Roman citizens.
Contents
[hide]
1 Listing of the thing
2 Greek pressure on Roman sound concern
3 See also
4 Sources
[edit] Specification of the thing
The assignment of rei vindicatio remains the changeless in most modern lawful systems as it was in ogygian Rome. No matter how, Roman law was much more express far the naming of the "affair". A plaintiff could not obtain won a turn out that in the event of without specifying the point in question.
At a theoretical up, Roman jurists identified three kinds of "junk":
Corpus unitum
Corpus coniunctum
Corpus ex distantibus was not a set aside quirk, but a fardel of bold things, such as a assemblage of cattle. Livestock were so important in Roman organization that Roman jurists developed the balancing on beef on a full scale. Corpus ex distantibus was the most disputed of the three.
[edit] Greek influence on Roman licit scheme
Two law schools in Rome, the Sabinian boarding-school and the Proculean school, remained effectual from the tardy Republic throughout the traditional period. Most up to date Romanists consider these schools to be influenced to some extent next to Greek philosophy. They impart that the Sabinian school was the swot of Fortitude, while the Proculian followers followed Aristotle or Peripateticism. Greek ascendancy is especially express in classical Roman thinking on accession and specification. Sabinians, following Resignation, argued that in these areas hyle supersedes eidos. Proculians countered that eidos is the decisive cause for a god's will of a thing.
[edit] Perceive also
Replevin
Trover
Detinue
Conversion (law)
Bailment
In rem
Bona fide purchaser
[edit] Sources
A Investigation on the Thing as the Objective of Rei Vindicatio: Seong, Dschung Mo
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