Charles Explorer logo
🇬🇧

FEW COMMENTS ON LEGAL PROTECTION OF SERVITUTES

Publication at Faculty of Law |
2011

Abstract

Legal protection of servitutes in Roman law is considered to be covered and represented by one single legal action, by actio confessoria. However, since this system results mainly from the Digest, it doesn't have to coincide with the model of legal protection we can find in classical Roman law.

Yet some fragments from the Digest allow us to see traces of the original system of legal protection of servitutes that was based on the plurality of legal actions, namely vindication (vindication) and negative legal action (actio negativa).