- Rei vindicatio
"Rei vindicatio" is a legal action by which the
plaintiff demands that thedefendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The term originated inancient Rome .The
plaintiff could also institute an "actio furti" (a personal action) in order to punish thedefendant . If the thing could not be recovered, theplaintiff could claim damages from thedefendant with the aid of the "condictio furtiva" (a personal action). With the aid of the "actio legis Aquiliae" (a personal action), theplaintiff could claim damages from thedefendant ."Rei vindicatio" was derived from the ius civile, therefore was only available to Roman citizens.
pecification of the thing
The function of "rei vindicatio" remains the same in most modern legal systems as it was in ancient Rome. However,
Roman law was much more particular about the specification of the "thing". A plaintiff could not have won a case without specifying the thing in question.At a theoretical level, Roman
jurist s identified three kinds of "thing":
* "Corpus unitum"
* "Corpus coniunctum"
* "Corpus ex distantibus" was not a single thing, but a bundle of independent things, such as a herd of cattle. Cattle were so important in Roman society that Roman jurists developed the regulation on cattle on a full scale. "Corpus ex distantibus" was the most disputed of the three.Greek influence on Roman legal thought
Two law schools in Rome, the
Sabinian school and theProculian school , remained influential from the late Republic throughout the classical period. Most modernRomanist s consider these schools to be influenced to some extent byGreek philosophy . They say that the Sabinian school was the student ofStoicism , while the Proculian school followedAristotle orPeripateticism . Greek influence is especially evident in classical Roman thinking on accession and specification. Sabinians, following Stoicism, argued that in these areashyle supersedeseidos . Proculians countered that eidos is the decisive factor for a fate of a thing.ee also
*
Replevin
*Bailment
*In rem ources
* A Study on the Thing as the Object of Rei Vindicatio: Seong, Dschung Mo
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