ÉTUDE HISTORIQUE DE LA MISE EN POSSESSION ET DE L’EXPULSION EN DROIT ROMAIN, FRANÇAIS ET BULGARE
HISTORICAL STUDY OF THE WRIT OF POSSESSION AND EXPULSION IN ROMAN, FRENCH, AND BULGARIAN LAW
Author(s): Gyulbahar KesedzhiSubject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Law and Transitional Justice, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: writ of possession; expulsion; traditio; bailiff; enforcement proceedings; enforceable title; writ of execution.
Summary/Abstract: This study examines the historical evolution of the writ of possession as a legal institution aimed at restoring possession of immovable property. In Roman law, this institution is manifest- ed through traditio. French law develops this ins684titution within the framework of enforcement proceedings, where the huissier de justice carries out the writ of possession based on an enforceable title. In Bulgarian law, the writ of possession is governed by the enforcement procedure prescribed by the Code of Civil Procedure and is executed by the bailiff. The institution demonstrates continuity and evolution from Roman law to modern continental law.
Journal: IUS ROMANUM
- Issue Year: 2025
- Issue No: 2
- Page Range: 671-691
- Page Count: 21
- Language: English
