3. INTERDICTS FOR RECOVERY OF LEGACIES
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82 BOOK FORTY-THREE/RECOVERY O F LEGACIES property also comprise a case of ownership, not possession. 3. Those interdicts which apply to property are either for obtaining or recovering or retaining possession. Interdicts for obtaining possession are those which lie in favor of persons who have not obtained possession before. To this class belong interdicts for bonorum possessio. So does the Salvian interdict about pledges; and so is "I forbid the use of force to prevent the buyer using the right of way that was employed by the seller." For recovering possession there are available the interdicts beginning: "where by force"; for some interdicts are under this heading. To interdicts for retaining possession belong those for the possession of land, which are, as we have said, double. There are also double interdicts for both acquiring and retaining possession. 3 ULPIAN,Edict, book 69: In interdicts, the fruits are reckoned from the date the interdict is issued, not retrospectively. 4 PAUL,Edict, book 67: The reasons for interdicts being for one year, Sabinus replied, also hold good for judgment on what has come into the hands of the defendant to be given after one year. 5 PAUL,Sabinus, book 13: Noxal interdicts are those given on account of the offenses of those we have in our power, for instance, when they have demolished something by force or built something by force or stealth. But it belongs to the duty of the judge to release the master if he restores a work at his own expense, or if he submits to the removal of work to direct him to surrender noxally the person-in-power and if he does so to release him, or if he does not, to condemn him to pay the expense incurred in removal. If he does not submit and does not remove the work himself when he could do so, the judge is to condemn him to pay what the cost would have been if he had done it himself. INTERDICTS FOR BONORUM POSSESSIO 1 ULPIAN,Edict, book 67: The praetor says: "Of the property of which possession has been given to such a one under my edict, you are to restore to him whatever you possess from that property as heir or possessor, or would possess if nothing had been acquired by usucapion, and whatever you have fraudulentlyarranged to pass fromyour possession." This interdict is for restitution and applies to the whole property, not to individual things, and is called an interdict for bonorum possessio and is for obtaining possession of the whole property. 2 PAUL,Edict, book 20: Those in debt to the inheritance are not bound by an interdict for bonorum possessio, but only the possessors of tangible objects. INTERDICTS FOR RECOVERY OF LEGACIES 1 ULPIAN,Edict, book 67: 1. This interdict is commonly called "for the recovery of legacies." 2. It is for obtaining possession, and its object is that whoever has taken possession of something under pretext of a legacy but against the wish of the heir should restore it to the heir. For the praetor held it to be absolutely fair that nobody should take the law into his own hands by taking possession of legacies, but should claim them from the heir. Therefore, he restores to the heir by this interdict what are possessed as legacies, so that the legatees can then sue him. 3. It should be said that 82 BOOK FORTY-THREE/RECOVERY OF LEGACIES property also comprise a case of ownership, not possession. 3. Those interdicts which apply to property are either for obtaining or recovering or retaining possession. Interdicts for obtaining possession are those which lie in favor ofpersons who have not obtained possession before. To this class belong interdicts for bonorum possessio. So does the Salvian interdict about pledges; and so is "I forbid the use of force to prevent the buyer using the right of way that was employed by the seller." For recovering possession there are available the interdicts beginning: "where by force"; for some interdicts are under this heading. To interdicts for retaining possession belong those for the possession of land, \¥hich are, as we have said, double. There are also double interdicts for both acquiring and retaining possession. 3 ULPIAN, Edict, book 69: In interdicts, the fruits are reckoned from the date the interdict is issued, not retrospectively. 4 PAUL, Edict, book 67: The reasons for interdicts being for one year, Sabinus replied, also hold good for judgment on what...