Protection of Servitudes
According to the ius civile, praedial servitudes were protected by a real action (actio in rem) known as vindicatio servitutis that the holder could institute against anyone infringing on his servitude.[525] In Justinian’s time, this remedy was replaced by the actio confessoria available to all holders of servitudes.
The purpose of these remedies was to assert the holder’s servitude and to force the party who had interfered with it to end the infringement.[526]A further way in which servitudes were protected was by means of interdicts. These included a number of special interdicts available to the holders of specific servitudes. For example, the holder of the servitude of iter or actus could employ the interdictum de itinere actuque privato[527] Under the law of Justinian, the holders of servitudes were given exactly the same protection that was granted to ordinary possessors.
3.5.5
More on the topic Protection of Servitudes:
- Personal Servitudes
- Praedial Servitudes
- Constitution of Servitudes
- 6 3 Servitudes
- Termination of Servitudes
- Predial servitudes or land easements
- Interdictal protection of possession
- Protection of Possession
- Servitudes
- 7. SERVITUDES
- Error and the protection of the promisee
- Judicial Protection of the Lower Classes
- II THE PROTECTION OF A FREEMAN'S BODILY INTEGRITY
- Protection of human rights by the common law
- 5 The Protection of Human Rights and Fundamental Freedoms
- The protection of a freeman's life and bodily integrity
- European Union law and the protection of human rights
- So far in this chapter, we have concerned ourselves with ownership (and, related thereto, possession) as the real right that accrued to a person in respect of his own property (ius in re propria).