Actio de tigno iuncto

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The actio de tigno iuncto is a lawsuit under Roman law , according to which the property owner, on whose land external building material was used, has to reimburse the owner of the material for twice its value.

history

This actio had already existed since the time of the 12 tablets , to which the Roman jurists mostly refer. In the digests , the actio de tigno iuncto is devoted to a small chapter of its own (L. XLVII, 3: De tigno iuncto).

content

According to the principle of “superficies solo cedit” (the superstructure gives way / follows the ground), buildings built on land shared the legal fate of the land (cf. superedicate ). Since, for example, beams form a unit with the house, they could not be sued with the vindicatio or the actio ad exhibendum . Otherwise a house would be counterproductive. The installation of foreign material, however, was a special case: ownership of the beams was dormant, it “sleeps” (dominium dormiens). When the house was later demolished, ownership of the exposed beams "woke up" and could be claimed with the vindicatio. Although the duplum, twice the value, reminded of the actio furti nec manifesti and thus had a punitive character, payment could also be demanded if the builder had installed material in good faith . If the knowledge of the origin of the building materials could be proven to the owner, the vindicatio, actio furti and actio ad exhibendum could be used.

Today's right

The courts are still dealing with the installation of third-party building materials. In the Federal Republic of Germany, the "installation cases" are solved according to the model of the young bull case , BGHZ 56, 228ff. "Installation case".

Individual evidence

  1. ↑ Ulpian D. 47.3.1 pr.
  2. ↑ Paulus D. 10.4.6.
  3. ↑ Gaius D. 41.1.7.10.
  4. ↑ Detlef Liebs : "The lawsuit competition in Roman law: on the history of the divorce of damages and private punishment." Göttingen 1972, p. 140ff.

source

  • Max Kaser : Handbook of Roman private law . Handbook of Classical Studies . Department 10: Ancient Legal History. Volume 3.3.1: Ancient Roman, Pre-Classical and Classical Law. 2nd edition 1971, p. 138f.