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Die actio quasi Publiciana im byzantinischen Recht

Year: 2020

Type: article

Abstract: Die actio quasi Publiciana im byzantinischen Recht. In literature, D. 17,1,57 has been extensively discussed. In this fragment the former owner could reclaim his property by using the actio Publiciana, notwithstanding that the defendants had in good faith acquired ownership by acquisitive prescription (usucapio). The actio Publiciana in D. 17,1,57 should be interpreted as a special form of the actio Publiciana, which was normally given to a possessor in good faith. From Basilica-scholia it can be deduced that this special action, mentioned as actio quasi Publiciana, also applies in other cases. In Justinianic and Byzantine law the judge had to evaluate whether it was right that the defendant could raise an exceptio iusti dominii against this special form of the actio Publiciana.

Source: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte Romanistische Abteilung

DOI: 10.1515/zrgr-2020-0005

Author: Hylkje de Jong

Institution: Vrije Universiteit Amsterdam

Language: English

Topic: Classical Studies and Legal History

Subfield: History

Field: Arts and Humanities

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W3001293095

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