IUS QUIRITIUM И ПОСТАНАК РИМСКЕ ВИНДИКАЦИЈЕ
IUS QUIRITIUM AND THE GENESIS OF ROMAN VINDICATION

Summary/Abstract: Although vindication is a specificity of early Roman law, significant for the creation of modem notion of absolute rights, its origin is not sufficiently known. Inadequacy of the existing conceptions in this matter is to quite a degree due to lack of adequate attention to the introductory formula of vindication, where parties invoke the ius Quiritium. That this phrase is only a reference to the existing law is not supported by authors who dedicated special studies to this subject. According to them ius Quiritium was rather a kind of legal ground. After stating arguments for such an interpretation and an analysis of legal acts presumbly related to the above term the author concludes that ius Quiritium in ancient law is probably a term applied to decisions of Roman community, as a rule - assembly, on instituting particular rights or status (i.e. granting of land by way of adsignatio, distribution of booty, freeing of slaves or granting citizenship). Since these procedures were at the time of forming of the old ius civile (before the XII Tables) in the middle of social conflicts, the author considers that the legisactio Sacramento in rem originated through deliberate effort of interpreters, in order to provide a mechanism of protection for relations new in the legal system. At first vindication does not protect a right as such but the individual legal situation established by an act of the community. Only after the development of law and in concordance with the needs of the late Republic, vindication came to be a regular procedural means.

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