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Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing.[1] The term originated in ancient Rome.
The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant.
Rei vindicatio was derived from the ius civile, and therefore was available only to Roman citizens.
^Berger, Adolf (1953). Encyclopedic Dictionary of Roman Law. Vol. 43 (Part 2). Philadelphia: The American Philosophical Society. p. 672. ISBN 0-87169-435-2. OCLC 873814450. (reprinted in 1991)
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