Actio confessoria
The actio confessoria (also: vindicatio servitutis called) was in ancient Roman law, a protective suit in rem in land beneficial owner (so-called iura praediorum ) by which he could ask the owners, in some cases mere owner that he use undisturbed and in particular without Consent of the owner could comply. The action was aimed at determination and restitution. The praetor was able to grant temporary legal protection by pronouncing prohibitive interdicts ( property protection interdicts ). The owner was able to ward off the presumption of an existing easement with the actio negatoria .
In modern legal parlance, such (real) usage rights are referred to as usufruct (personal easement) and easement , in Switzerland and Austria also as servitude. Typical easements were driving and way rights , field easements ( servitutes praediorum rusticorum ), building easements ( servitutes praediorum urbanorum ), water easements for supplying one's own property ( aquae ductus ) or grazing rights for cattle.
Individual evidence
- ↑ a b Herbert Hausmaninger , Walter Selb : Roman private law , Böhlau, Vienna, 1981 (. 9th ed 2001) (Böhlau Study Books) ISBN 3-205-07171-9 , p.174.
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 73-76 (here: p. 74).
