Legal Definitions - interdictum

In Roman law, an interdictum was a swift, temporary order issued by a magistrate to address an urgent situation and protect a person's rights. It was not a final judgment on the merits of a case but rather a preliminary measure designed to prevent immediate harm, restore property, or compel the production of something crucial for an ongoing dispute. This quick action was necessary when waiting for a full legal trial would cause irreparable damage or injustice, often serving as a precursor to a more formal lawsuit.

There were generally three types of interdicta:

• Prohibitory interdicta prevented something from being done.
• Restitutory interdicta required property to be restored.
• Exhibitory interdicta compelled property or a person to be produced.

Here are some examples illustrating the application of an interdictum:

• Example 1 (Prohibitory): Imagine two Roman citizens, Marcus and Lucius, own adjacent plots of land. Lucius begins digging a trench that diverts water from a shared irrigation channel, threatening Marcus's crops. Marcus could apply for an interdictum to immediately halt Lucius's digging, preventing further damage to his fields while the full dispute over water rights is prepared for trial.

  Explanation: This illustrates a prohibitory interdictum because it prevents an action (diverting water) that would cause immediate harm, securing Marcus's right to water without waiting for a lengthy court process.

• Example 2 (Restitutory): A merchant, Claudia, had her valuable amphorae of olive oil seized by a rival, Brutus, who claimed a debt was owed. Claudia, believing the seizure was unlawful and fearing her goods would be damaged or sold, could petition for an interdictum. This order would compel Brutus to immediately return the amphorae to Claudia, restoring her possession while the actual debt dispute could be resolved through a more formal legal process.

  Explanation: This demonstrates a restitutory interdictum as it requires the immediate restoration of property (the amphorae) to its rightful possessor, preventing further loss or damage before a final judgment on the debt.

• Example 3 (Exhibitory): A dispute arises between two families over the ownership of a specific slave, with both claiming the slave as theirs. One family, the Valerii, has the slave in their possession but refuses to present him for identification or inspection, making it difficult for the other family, the Cornelii, to gather evidence for their claim. The Cornelii could seek an interdictum to compel the Valerii to produce the slave, allowing for proper identification and assessment of the claims before a full trial.

  Explanation: This shows how an exhibitory interdictum could be used to compel the production of an item (the slave) crucial for resolving a dispute, ensuring fairness in the preliminary stages of a legal battle by making evidence available.