Publication at Faculty of Law |
2018
Abstract
The paper deals with the legal instruments available to the pater familias enabling him to cope with the situation when he is deprived of his power over a subordinated person (patria potestas) caused by a retention of such person. Regarding private legal tools provided to the pater familias, we may encounter the rei vindicatio, actio furti, praeiudicium and also the interdicts (interdictum de liberis exhibendis, interdictum de liberis ducendis, and also a more general tool for the protection of freedom, the interdictum de libero homine exhibendo).
As far as public criminal law is concerned, the action regarding plagium can be used as well.