# Institutes of Gaius 4.1.209-215

Roman Law and Society, Institutes of Gaius, 4.1.209 to 4.1.215. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/4.1.209

The interdict for the purpose of obtaining possession is so called because it is only advantageous to him who now, for the first time, attempts to acquire possession of the property; therefore, if anyone having obtained possession should lose it, the interdict ceases to be of any benefit to him. (145) Again, an interdict is granted to the purchaser of a bankrupt estate, which some authorities call a possessory interdict. (146) In like manner, an interdict of the same kind is granted to one who purchases confiscated property at a public sale, which is called Sectorium for the reason that those who purchase such property at public sale, are designated Sectores . (147) The interdict called Salvianum was also one devised for the purpose of obtaining possession; and the owner of land can make use of it against the property of the tenant which the latter has pledged to him as security for the future payment of rent. (148) It is the practice for interdicts for the purpose of retaining possession to be granted when a controversy arises between two parties with reference to the ownership of property; and it must be previously ascertained which one of the litigants should have possession, and which one should have a right to demand it; and it is for this purpose that the interdicts Uti Possidetis and Utribi has been established. (149) The interdict Uti Possidetis is granted with reference to the possession of land or buildings; the interdict Utrubi with reference to the possession of movable property. (150) If the interdict has reference to land or houses, the Prætor orders that party to have the preference who, at the time when the interdict was issued, obtained possession from his adversary, neither by force nor clandestinely, nor with his acquiescence.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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