Interdict
(Ref: John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America and the Several States of the American Union, Childs & Peterson, c1856.)
INTERDICT, civil Among the Romans it was an ordinance of the praetor, which forbade or enjoined the parties in a suit to do something particularly specified, until it should be decided definitely who had the right in relation to it. Like an injunction, the interdict was merely personal in its effects and it had also another similarity to it, by being temporary or perpetual. Dig. 43, 1, 1, 3, and 4. See Story, E Jur. 865; Halif. Civ. Law, ch. 6 Vicat, Vocab. h. v.; Hein. Elem. Pand. Ps. 6, Sec. 285. Vide Injunction.
(Reference: John Crook, Law and Life of Rome, Cornell University, c1967.)
Under the possessory interdicts, an individual claiming in order to "recover" something went before the praetor and made a prima facie case for possession. If satisfied, the praetor awarded possession and an interdict to prevent its disturbance. Once and interdict was awarded, it was up to another claimant to challenge the award. Possessory interdicts included:
The unde vi to get back
possesion for that which had been seized by force;
The quorum bonorum to allow
"entry to an estate" on intestacy to recover assets from whomever had them;
The utrubi for moveables;
and
The uti possidetis for real
estate.
