POPULAR LEGITIMACY – POPULAR ACTIONS AND INTERDICTS: THE POPULAR INTERDICT “NE QUID IN VIA PUBLICA”
POPULAR LEGITIMACY – POPULAR ACTIONS AND INTERDICTS: THE POPULAR INTERDICT “NE QUID IN VIA PUBLICA”

Summary/Abstract: In this study, we highlight the problems related to popular action and interdicts and the relevance of these investigations at present. Likewise, following the great scientific contributions of our Master, Antonio Fernández de Buján, we recall with him that in recent years a doctrinal and political debate has been opened in Spain on the convenience of reforming the legal regime of popular action, through a better delimitation of its object and purpose, for which he has a number of publications, which have served to complement and better evaluate for us the most characteristic legal features of the popular action and the analysis of the popular interdict, created per utilitas causa, provided for the protection of public roads and ways: interdictum ne quid in via publica itinereve publico fiat, quo ea via idve iter deterius sit fiat (D. 43.8.2.20) and of the corresponding restitutory interdict (D. 43.8.2.35). The praetor forbids (D. 43.8.2.20) any activity – facere or immittere, that could cause harm – Ulpiano affirms – and refers to both the present and the future (sit fiat ...sive statim ...sive postea). The study of the different perspectives contained in the sources to highlight the jurisprudential extension of the interdict ne quid in via publica, that is to say, it is being extended in a very significant way to all activities or immissions that can cause disturbances or deterioration when using a public place. From the references provided by all the texts analysed, we can deduce that the expression public utility is the one that has marked and inspired the interdictal protection.

• Details
• Contents