Action of replevin (Rei Vindicatio) in Roman law

ABSTRACTACTION of REPLEVIN (REI VINDICATIO) IN ROMAN LAWAhmet KARAKOCALIDepartment of Private LawAnadolu University Graduate School of Social Sciences, January, 2006Advisor: Assoc. Prof. Dr. Ahmet Nadi GÜNALIn Roman Law, rei vindicatio, a case that protects the property rights, was notcompletely concerning the Procedural Law. Because the relationship between right and casewhich is one of the main concept of this case was understood differently in Roman Law. As aresult of this, rei vindicatio was emerged as a two-dimensional case with the conceptsdepended on the other concepts.Our study of ?Action of replevin (rei vindicatio) in Roman Law? consists of threechapters. The concepts of right and case which consists the core parts of this case wasexplained in the first chapter, before giving the rei vindicatio?s interest with procedural lawand property law. In addition to this, proprietary right and Quirites (Ius Civile) right was alsoexamined in this chapter.In the second chapter, after giving general knowledges about Roman Procedural Law ,the effect of changes in Roman Procedural Law on rei vindicatio was handled. Lastly, theconcepts such as claimant, defendant, burden of proof and plea were explained.In the last part of our study, rei vindicatio?s substantive law dimension was examined .In this chapter, rei vindicatio was handled from the point of view of property law. Especially,the different results that appear at the end of the rei vindicatio were emphasized in this thirdand last chapter. Finally, Rei vindicatio and the other cases that protect the ownership inRoman Law were compared at the end of this chapter.