Interdictum

A Interdict (Latin interdictum ) was a command of the praetor or other authorized official ( proconsul in provinces ), which was issued at the request of a person against another to enforce an act or to prohibit in Roman Law.

An interdict is a quick interim administrative measure by which an existing situation to be protected. Its effectiveness in dispute resolution based on the expectation that the defendant is followed. If he does not, which has the opening of a prudent process result, which has some special features because of the interdict were made.

The interdict procedure is short omitted lengthy witness hearings and the taking of evidence. It is sufficient if the applicant ( postulare interdictum ) can satisfy the authority that his or her general interests are worthy of protection. What the applicant puts forward to allegations, is held to be true. If it is not true, the defendant will oppose the interdict and assert his rights in the subsequent process.

Interdicts can either restitutorisch ( focused on restitution ), exhibitorisch ( directed to the original) or prohibitorisch ( focused on prevention ) be.

There were interdicts in matters of public and private law. Of the private law the Besitzschutzinterdikte are the most important. Some important types of interdicts were:

• Interdicta de cloacis: against the damage and preventing the repair of sewers and other public and private sewage systems.

• Interdicta de fluminibus publicis: against buildings and measures that affected the river navigation.

• Interdicta de itineribus publicis: against buildings and measures that affected the use and repair of public roads.

• Interdicta de locis publicis: intended to protect public space.

• To enable interdicts in connection with repairs and servitudes ( easements ), for example, someone to repair a road used by him through a neighbor's property, if the neighbor was not required: Interdicta de reficiendo.