oa Fundamina : A Journal of Legal History - Die im klassischen römischen Recht - ein überblick

Special issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



This article deals with the judicial protection of ownership in Roman law. The focus is on the basic elements of the . First of all, the general structure of the formula is explained, in particular the character of the formula (abstract or causal?), the of the plaintiff with the functions of and of , and the which are at the defendant's disposal. Then, the article briefly examines the plaintiff's burden of proof (medieval lawyers described this as ) and the different positions of the plaintiff when he takes the . In the last part of the article the different positions of the defendant depending on whether or not he is possessor of the vindicated object at the time of are described. In closing, the effects of and the concurrence of the with other actions are analysed.

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