Interdictions occupied an important place in Roman law, since they established the procedure for resolving controversial issues when they could not be resolved during the ordinary civil law process. The use of interdict allowed avoiding a lengthy lawsuit and protecting mainly slave owners.
The concept of interdict
An interdict is an order of the Roman praetor, and a contentious issue is resolved without a trial. In this order, he could both prohibit any action, and, conversely, force him to commit something.
In the original version, after the issuance of the order, its immediate execution took place, but then the praetor resigned from the proceedings.
Praetor interdictions are special cases of restoration of a violated right, this measure is applied both in the field of public and in cases of private law. In order to turn to the praetor to resolve his issue, it is important not to establish the fact of violation of the right to possess something, but to prove ownership of this subject or right.
Interdict in Roman Law
Roman law establishes the foundations for modern legislation, is a set of legal norms and rules that define the boundaries of the legality 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 someone else’s territory was unlawful, the praetor was asked to resolve this issue. Documents confirming ownership of the territory were previously considered, and after establishing the truth, the interdict returned this right. That is why the praetor's decisions were undeniable and were not subject to appeal.
The concept of ownership
In order to consider the issue of interdict as a measure aimed at preserving property, it is necessary to understand what property is in Roman law and in which case you can claim to preserve it.
The right to property can be acquired if it is awarded in court, for example, when dividing property. In addition, you can purchase anything by agreement of the parties, as well as upon the transfer of property by inheritance after the death of the previous owner.
In some cases, there is no need to talk about the possibility of maintaining ownership. His loss occurred in several cases. The first of these is damage to a thing in which it cannot be used further - broken or broken. In addition, the loss of property occurs when the copyright holder refuses ownership (witnesses are required for confirmation). Also, the ownership right can be transferred to another person in the event that, due to the statute of limitations, the previous owner lost it.
Types of interdict
Since interdict is a concept often associated with property, there are several categories.
The first is related to the preservation of the right to own property. Interdict - a special means of protection available.
The second category is the return to yourself of a forcibly taken possession.
The third interdict is the category of obtaining the right to own any property for the first time.
In this case, the concept of property includes movable and immovable property.
Depending on the number of parties to which the interdict relates, a distinction is made 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 present. The first of them set as their goal a ban on any action, the second - the return of a lost or lost right or object, the third involve the requirement to present evidence of correctness in the form of documents or witnesses.
The interdict ensures the legality of possession of real estate in the event that it was acquired legally and there is evidence of this.
However, in the case of movable property, it should be borne in mind that the lawfulness of possession is recognized for those who have had more time in the previous year.