Interdict (Roman law)

An interdict (Latin: interdictum ) was an order of the praetor or another authorized official ( proconsul in provinces ) in Roman law , which was issued at the request of one person against another in order to force or forbid an action.

An interdict was a quick administrative interim measure designed to protect an existing situation. Its effectiveness in resolving disputes was based on the expectation that the defendant would comply. Failure to do so would result in the opening of an orderly process , which had some peculiarities because of the interdict that had taken place.

The interdict procedure was short, lengthy witness hearings and taking of evidence were omitted. It was sufficient if the applicant ( postulare interdictum ) could convince the authority that his or general interests were worth protecting. The allegations made by the applicant were believed to be true. If it was not true, the defendant had the opportunity to oppose the interdict and assert his rights in the follow-up process.

Interdicts could either be restitutorial (directed towards return), exhibitorial (directed towards submission) or prohibitory (directed towards prevention).

There were interdicts in matters of public and private law . Of the private law interdicts are the most important today. Some significant types of interdicts were:

• Interdicta de cloacis : against the damage and the prevention of the repair of sewers and other public and private sewage systems.

• Interdicta de fluminibus publicis : against buildings and measures that impaired river navigation.

• Interdicta de itineribus publicis : against buildings and measures that impair the use and repair of public roads.

• Interdicta de locis publicis : used to protect public space.

• Interdicta de reficiendo : Interdicts in connection with repairs and servitutes ( easements ), for example to enable someone to repair a route used by them through a neighboring property if the neighbor was not obliged to do so.

literature

• Adolf Berger: Encyclopedic Dictionary of Roman Law . The American Philosophical Society, Philadelphia 1953, ISBN 0-87169-435-2 .
• Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 13 no. 7 and 30 (pp. 215 f. And 227).
• Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , property protection , pp. 136-139.
• Heinrich Honsell : Roman law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 52.