property law actions

Question 1

actio furti

Answer 1

enforces the right to impose a penalty on the offender, penal action

Question 2

condictio furtiva

Answer 2

reipersecutory action, action that aims at the recovery of property, recover stolen object or its value from thief (only from him)

Question 3

actio communi dividundo

Answer 3

each of the joint owners of a condominium can bring this action to terminate the association and effect a division of the property OR
when substances are mixed or blended with their owner’s consent

Question 4

actio familiae erciscundae

Answer 4

each of the joint heirs can demand the termination of the consortium

Question 5

vindicatio pro parte

Answer 5

in the case of confusio/commixtio each of the owners can reclaim his part of the mixture

Question 6

condictio

Answer 6

claim which allows a reversal of asset shifts which are not or no longer justified (unjust enrichment)

Question 7

rei vindicatio

Answer 7

real action in rem brought by the lawful owner of a corporeal thing to reclaim it from someone who is in unlawful possession
for civil-law owners

Question 8

actio publiciana

Answer 8

real action in rem reserved for the bonitarian owner/usucapient to reclaim

Question 9

exceptio doli

Answer 9

allows a defendant to resist a claim based on fraudulent or bad-faith conduct by the plaintiff

Question 10

actio conducti

Answer 10

legal remedy available to the hirer in a contract of hire (locatio conductio), enabling them to claim performance or damages if the other party fails in their contractual obligations

Question 11

actio ad exhibendum

Answer 11

procedural action used to compel a person to present a physical thing in court in preparation for rei vindicatio

Question 12

actio in factum

Answer 12

praetorian action granted to enforce a claim based on a specific factual scenario, when no direct civil law action is available

Question 13

actio utilis

Answer 13

adapted action granted by the praetor to extend the use of a civil law action to situations not originally covered by it, usually by modifying the formula

Question 14

actio de tigno iuncto

Answer 14

if someone erects a building in his own ground and uses third-party materials in the process, he must pay the owner of the materials twice the value

Question 15

condictio indebiti

Answer 15

action to recover something that was not due, but was paid or delivered in error, typically because the payer mistakenly believed they were under a legal obligation

Question 16

actio negatoria

Answer 16

protection against all other kinds of third party interference (servitude) in personal property

Question 17

exceptio rei vendiate et traditae

Answer 17

serves to protect the bonitarian owner to whom the civil-law owner has sold and delivered a res mancipi, allows the buyer to ward off a rei vindicatio brought against him by the vendor, who retains civil-law ownership of the goods until the end of the usucaption period

Question 18

interdictum uti possidetis

Answer 18

possessory interdict to protect possession of immovable property (real esate) (benefits last person who has iusta possessio)

Question 19

interdictum utrubi

Answer 19

possessory interdict used to protect possession of movable property (benefits person who for the longest period within last year hat iusta possessio)

Question 20

exceptiones

Answer 20

defendant’s means of warding off the plaintiff’s claim

Question 21

replicationes

Answer 21

the plaintiff applies in order to ward off a defence (exceptiones)

Question 22

exceptio iusti dominii

Answer 22

against an actio publiciana, exception (defence) raised by the true owner of a thing to deny the claims of a possessor or someone who is unlawfully withholding the thing, asserting the owner’s legitimate property rights.

Question 23

replicatio rei venditae et traditae

Answer 23

against a vendor’s exceptio iusti dominii, bonitarian owner who brings an actio publiciana against his precursor, who brings an exceptio

Question 24

interdictum quod vi aut clam

Answer 24

legal remedy allowing a person who was dispossessed of property by force (vi) or secretly (clam) to reclaim possession swiftly, regardless of ownership.

Question 25

vindicatio servitutis

Answer 25

action brought by the servitude holder to enforce their right against the owner of the servient property who interferes with or denies the servitude

Question 26

actio pigneraticia in rem

Answer 26

if debtor fails to pay on the due date, the secured creditor may bring this action for possession of the pledges property and then enforce the pledge

Question 27

vindicatio pignoris

Answer 27

allows the creditor to recover the pledged item from a third party who is wrongfully holding it

Question 28

exceptio pigneraticia

Answer 28

in the case of a possessory pledge, secured creditor can defend himself agains the pledger's rei vindicatio

Question 29

interdictum salvianum

Answer 29

if a leaseholder has explicitly pledged the movable property he has brought onto the leasehold to the lessor, the lessor has this interdict to gain possession of these assets for the first time

Question 30

actio pigneraticia directa

Answer 30

for debtor to recover the pledged item after fulfilling the obligation, demand as much of the proceeds of the auction as exceeds the sum owed to the secured creditor

Question 31

actio pigneraticia contraria

Answer 31

for creditor to assert his rights arising from the contract of pledge, claim damages for any harm the pledge may have caused to his own property, compensation for expenditure on the pledged property

Question 32

interdictum de migrando

Answer 32

if a tenant wants to move out, he may demand the return of his impounded property

Question 33

exceptio rei sibi ante pigneratae

Answer 33

senior pledgee may assert his right against the junior pledgee's vindicatio pignoris, based on the fact that the asset was pledged to him at an earlier date

Question 34

exceptio rei sibi quoque pigneratae

Answer 34

if a non-possessory pledgee brings a claim against a possessory pledgee of the same rank, creditor who is in possession has this exception