Rei vindicatio (Roman law)
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 .
literature
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 165–170.
- Max Kaser , Das Römische Privatrecht , 2nd edition, §§ 32, 103 f., 245.
- Max Kaser / Karl Hackl , The Roman Civil Procedure Law , 2nd edition, §§ 14, 47 f.