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B. The Actio Publiciana and Defenses: Cases 130–133

Chapter 4: Protection and Limitations of Ownership

Cases 130–133. The formula of the actio publiciana (“Publician action”) as set forth in section “B” of Chapter IV of the Casebook refers to slaves, but land (on Italic soil) and other res mancipi would be substituted as needed.  Since the actio rei vindicationis could not be brought by someone who was not a civil law owner of property, the actio publiciana is the analogous remedy that is available to a “bonitary owner.”  That would be someone whose ownership interest has not yet been perfected but is in the process of ripening through prescription.  See the discussion above introducing the cases under Traditio in Chapter III. 


Chapter 4: Introduction | A. Cases 121–129 | B. Cases 130–133
C. Cases 134–135 | D. Cases 136–141


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