windykacja
Rei vindicatio
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Rei vindicatio is a juridical remedy at hand which the plaintiff demands that the defendant earn a fetish that belongs to the plaintiff. It may only be used when plaintiff owns the chance, and the defendant is another impeding the plaintiff's custody of the thing. The term originated in obsolescent Rome.

The plaintiff could also pioneer an actio furti (a particular undertaking) in layout to reprove the defendant. If the fetich could not be recovered, the plaintiff could call for damages from the defendant with the grant-in-aid of the condictio furtiva (a intimate vim). With the help of the actio legis Aquiliae (a in person vigour), the plaintiff could claim damages from the defendant. it is an initiative strictly available to owners not,if you are a non proprietor you cannot call under this model philosophy( you can fall heir to what you don't accept)

Rei vindicatio was derived from the ius civile, therefore was only close by to Roman citizens.
Contents
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1 Particularization of the thing
2 Greek pressure on Roman licit musing
3 Distinguish also
4 Sources

[edit] Identifying of the item

The activity of rei vindicatio remains the unvarying in most up to date statutory systems as it was in fossilized Rome. However, Roman law was much more express wide the naming of the "fetich". A plaintiff could not deliver won a event without specifying the mechanism in question.

At a suppositional level, Roman jurists identified three kinds of "thing":

Corpus unitum
Corpus coniunctum
Corpus ex distantibus was not a single clothes, but a fardel of bold things, such as a assemblage of cattle. Cattle were so high-ranking in Roman organization that Roman jurists developed the typical on cattle on a full scale. Corpus ex distantibus was the most disputed of the three.

[edit] Greek force on Roman proper scheme

Two law schools in Rome, the Sabinian private school and the Proculean circle, remained significant from the tardy Republic throughout the influential period. Most up to date Romanists consider these schools to be influenced to some magnitude past Greek philosophy. They impart that the Sabinian boarding-school was the disciple of Fortitude, while the Proculian nursery school followed Aristotle or Peripateticism. Greek connections is especially obvious in authoritative Roman thinking on accession and specification. Sabinians, following Resignation, argued that in these areas hyle supersedes eidos. Proculians countered that eidos is the decisive influence as a service to a fate of a thing.
[edit] About also

Replevin
Trover
Detinue
Conversion (law)
Bailment
In rem
Bona fide purchaser

[edit] Sources

A Reading on the Fashion as the Object of Rei Vindicatio: Seong, Dschung Mo