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From the interdict UTI POSSIDETIS, a plea is granted; from UNDE VI, none is granted.
I shall endeavor to demonstrate that the opinion of the Pragmatics, who establish a fourfold species of force, is erroneous and fictitious.
It is well known that the terms spolium for vis, and querela novitatis for the action UNDE VI, are barbarously uttered—terms which have flowed from the delirium of the insane cohort of canonists.
It was introduced by the constitutions that he who seizes his own property by force shall forfeit his ownership of it; but he who seizes the property of another shall restore both the thing itself and its value besides.
Regularly in interdicts, account is taken of the fruits from the day of the joinder of issue, not retroactively.
Noxal interdicts, which are granted on account of the delict of those whom we have in our power, are considered in the last place.