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p350 Confessoria Actio

Article by George Long, M.A., Fellow of Trinity College
on p350 of

William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.

CONFESSO′RIA ACTIO. If a man has a servitus [Servitus], and the exercise of his right is impeded by any person, he can maintain it by an actio in rem, which is a servitutis vindicatio. Accordingly, when a man claims a jus utendi, fruendi, eundi, agendi, &c., the actio is called confessoria de usufructu, &c. If the owner of a thing was interrupted in his exclusive enjoyment of it by a person claiming or attempting to exercise a servitus in it, his claim or ground of action was negative, "jus illi non esse ire, agere," &c., whence the action was called negativa or negatoria in rem actio.

The confessoria actio and negativa, which was founded on a negative servitus, are discussed under Servitus.

In the negatoria in rem, which must be distinguished from the negative actio founded on a negative servitus, the plaintiff claimed restitution of the thing, as, for instance, when the defendant had usurped the usus fructus; or removal of the cause of complaint; also damages for injury done, and security (cautio) against future acts of the like kind. (Gaius, IV.3; Dig. 8 tit. 5; Brissonius, De Formulis; Puchta, Cursus, &c. vol. II pp563, 771.)


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