windykacja4 vindicanda

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windykacja 
Rei vindicatio 
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Rei vindicatio is a juridical action by which the plaintiff demands that the defendant earn a thing that belongs to the plaintiff. It may no greater than be reach-me-down when plaintiff owns the fetich, and the defendant is by fair means impeding the plaintiff's possession of the thing. The while originated in ancient Rome. 
 
The plaintiff could also begin an actio furti (a special undertaking) in order to thrash the defendant. If the fetich could not be recovered, the plaintiff could call for damages from the defendant with the aid of the condictio furtiva (a actual action). With the service of the actio legis Aquiliae (a in person act), the plaintiff could requisition damages from the defendant. it is an initiative strictly available to owners solitary,if you are a non owner you cannot call at the mercy of this model philosophy( you can get what you don't have) 
 
Rei vindicatio was derived from the ius civile, hence was purely convenient to Roman citizens. 
Contents 
 [hide]   
 
    1 Qualification of the fixation 
    2 Greek influence on Roman sound musing 
    3 See also 
    4 Sources 
 
[edit] Qualification of the subject 
 
The activity of rei vindicatio remains the same in most modern judiciary systems as it was in ancient Rome. In any case, Roman law was much more special far the restriction of the "thing". A plaintiff could not have won a turn out that in the event of without specifying the thing in question. 
 
At a theoretical up, Roman jurists identified three kinds of "thing": 
 
    Corpus unitum 
    Corpus coniunctum 
    Corpus ex distantibus was not a set aside element, but a bundle of bold things, such as a assemblage of cattle. Beef were so important in Roman society that Roman jurists developed the regulation on beef on a complete scale. Corpus ex distantibus was the most disputed of the three. 
 
[edit] Greek sway on Roman proper mentation 
 
Two law schools in Rome, the Sabinian state school and the Proculean school, remained influential from the lately Republic in every part of the influential period. Most up to date Romanists make allowance for these schools to be influenced to some expanse by Greek philosophy. They conjecture that the Sabinian clique was the follower of Stoicism, while the Proculian train followed Aristotle or Peripateticism. Greek influence is especially obvious in serious Roman thinking on accession and specification. Sabinians, following Stoicism, argued that in these areas hyle supersedes eidos. Proculians countered that eidos is the decisive factor pro a god's will of a thing. 
[edit] See also 
 
    Replevin 
    Trover 
    Detinue 
    Conversion (law) 
    Bailment 
    In rem 
    Bona fide purchaser 
 
[edit] Sources 
 
    A Study on the Horror as the Reason of Rei Vindicatio: Seong, Dschung Mo