РИМСКОПРАВНИ И СЪВРЕМЕННИ АСПЕКТИ НА POSSESSIO AD USUCAPIONEM
ROMAN AND MODERN ASPECTS OF POSSESSIO AD USUCAPIONEM

Summary/Abstract: Publician action protected the possessor undergoing usucapion in the event of a formal defect in the manner of acquisition or in cases of lack of ownership in the tradens. In Justinian times, the scope of this action was restricted to cases of acquirers a non domino through traditio ex iusta causa, as a consequence of the disappearance of mancipatio and in iure cessio as methods of acquiring property. The remedy was preserved with this and other functions in Medieval and Common Law, until the nineteenth-century codes which no longer mention it. This silence led to the doctrine that followed codification (especially to the French and Italian, and later the Spanish, doctrine) in which the permanence of this action as part of their respective positive law became a subject for debate. After conducting a study of the origins and development of this Praetorian right, we shall observe the current case-law configuration of this remedy.

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