Interdicts occupied an important place in Roman law, as they established the procedure for resolving disputes in the event that they could not be resolved during the usual civil law process. The use of interdicts made it possible to avoid a lengthy trial and to protect mainly slave owners.
The concept of interdict
An interdict is an order from a Roman praetor that resolves a controversial issue without a trial. In this order, he could both prohibit any actions, and, conversely, force him to do something.
In the original version, after the issuance of the order, it was immediately executed, but then the praetor resigned from this proceedings.
Praetor interdicts are special cases of restoration of a violated right, this measure is applied both in the sphere of public and in cases of private law. In order to apply to the praetor to resolve your issue, it is important not to establish the fact of violation of the rights to own something, but to prove the possession of this object or right.
Roman Law Interdicte
Roman law establishes the foundations for modern legislation, is a set of legal norms and rules that determine the boundaries of the legality of actions in the field of private and public law.
Interdict in Roman law was often used to protect private property. For example, in the event that the seizure of foreign territory took place illegally, the praetor was asked to resolve this issue. Previously, documents were considered that confirmed the ownership of this territory, and after the truth was established, the interdict returned this right. That is why the Praetor's decisions were irrefutable and not subject to appeal.
The concept of ownership
In order to consider the issue of interdict as a measure aimed at preserving property, it is necessary to understand what property is in Roman law and in what case it can be claimed to be preserved.
You can acquire the right to property if it is awarded in court, for example, when dividing property. In addition, you can purchase something by agreement of the parties, as well as when transferring property by inheritance after the death of the previous owner.
In some cases, it is not necessary to talk about the possibility of retaining ownership. It has been lost on several occasions. The first of these is damage to a thing, in which it cannot be used further - broken or broken. In addition, the lossproperty occurs when the right holder himself refuses possession (witnesses are needed to confirm). Also, ownership can be transferred to another person in the event that, due to the statute of limitations, the previous owner lost it.
Types of interdicts
Because interdict is a concept often associated with property, there are several categories of it.
The first is related to the preservation of the right to own property. Interdict - a special means of protecting the existing one.
The second category is the return of forcibly taken possession.
The third interdict is the category of obtaining the right to own some property for the first time.
The concept of property includes movable and immovable possessions.
Depending on the number of parties to which the interdict refers, there are simple and double. The first is applicable only to one side, the second, respectively, to both.
According to the type of influence, several interdicts are distinguished: prohibitive, restorative and demonstrative. The first of them set as their task a ban on any action, the second - the return of a lost or lost right or object, the third ones require the presentation of evidence of correctness in the form of documents or witnesses.
The Interdict ensures the legality of the possession of real estate in the event that it was acquired legally and there is evidence of this.
However, in the case of movable property,take into account that the legality of possession is recognized by those who had it for the most time in the previous year.
