Rei vindicatio (Roman law)

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As rei vindicatio in is classical Roman law in rem and sachverfolgende suit quiritary owner called a thing. With the rei vindicatio, the Quiritic owner could demand his thing from every owner:

" Ubi rem meam invenio, ibi vindico" - "Wherever I find my thing, I can vindicate it."

In order for the plaintiff to be able to penetrate the rei vindicatio against the other, he had to prove his civil ownership of the thing ( actori incumbit probatio ). In addition, the defendant had to be passively legitimized , so he had to have possession of the thing that was owned by the plaintiff. If the plaintiff was successful with the action, the Iudex ordered the defendant to surrender the matter ( iussum de restituendo ); if he was not prepared to do this, he was sentenced to the estimated value of the thing in money: " quanti ea res erit" - as much as the thing will be worth . The plaintiff took the oath to estimate the value.

The rei vindicatio grew out of the ius civile and was therefore only available to Roman citizens .

The forerunner of the property process common during imperial times was the early republican legis actio sacramento in rem from the time of the XII tablets . This initially had the characteristics of a pretender dispute .

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