Remedies of the Legatee
In early law the legatee had a real or personal right, depending on the type of legacy bequeathed to him.[1164] In the time of Justinian when only one form of legacy was recognized, the legatee had three actions available to him: a real action (in rem) similar to the rei vindicatio, by means of which the legatee could claim the object of the legacy from any person who was in unlawful possession thereof; the actio ex testamento, a personal action the legatee could institute against the heir for the legacy or its value; and the action arising from hypothec (actio hypothecaria), since the legatee was considered to hold a tacit hypothec over the inheritance and the property of the heir as security for the disbursement of the legacy.[1165]
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More on the topic Remedies of the Legatee:
- The Dutiful Legatee: Pliny, Letters V.1
- Praetorian remedies
- Other forms of praetorian remedies
- Remedies
- The remedies
- The aedilitian remedies
- Actio empti and aedilitian remedies in the ins commune
- THE PRAETOR AND THE CONTROL OF REMEDIES
- The nature of the remedies available
- Remedies of the Heir
- Early remedies
- Other remedies available in case of theft
- ENRICHMENT REMEDIES IN MODERN LAW
- 1. The remedies for dolus and metus compared
- The actio legis Aquiliae and analogous remedies
- A legacy (legatum) was a particular form of testamentary disposition whereby the testator left one or more specific objects to some person who was not one of his heirs.