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D. The Interdict Quod Vi Aut Clam (Interpretation of the Edict): Cases 136–141

Chapter 4: Protection and Limitations of Ownership

Cases 136–141. This set of cases illustrates the broad application of the interdict quod vi aut clam granting restitution to an owner for damage to property.  Where the issue of possession is involved, other interdicts would apply: see the Excursus following Case 55 of the Casebook. The remedy of restitution is available in the common law tradition under equity jurisprudence.  Although equity decrees of restitution can be readily fashioned to address the specific facts of each case, the broad meaning given to key terms in the Roman interdict quod vi aut clam give it almost as much flexibility.


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


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