Legal Definitions - vis ablativa

Vis ablativa refers to the application of physical force, particularly within the context of civil law. It describes the use of strength or power to remove, take away, or prevent access to property or rights, often against the will of another party.

• Example 1: A homeowner, engaged in a boundary dispute with a neighbor, physically pushes the neighbor off their disputed land when the neighbor attempts to cross it to access a shared garden shed.

  Explanation: This illustrates vis ablativa because the homeowner is using direct physical force to prevent the neighbor from exercising what they believe is their right to access the land, effectively removing them from the disputed area.

• Example 2: A landlord, attempting to evict a tenant for non-payment, finds the tenant has barricaded the apartment door with heavy furniture, physically preventing the landlord from entering the premises to serve legal notices or reclaim the property.

  Explanation: Here, the barricade acts as a form of vis ablativa. The tenant is using physical means (the furniture) to exert force and prevent the landlord from accessing the property, thereby obstructing the landlord's legal right of entry.

• Example 3: During a heated argument over the ownership of a family heirloom painting, one sibling forcibly pulls the painting from the other sibling's grasp, causing a brief struggle and taking sole possession of the item.

  Explanation: This scenario demonstrates vis ablativa because physical force was directly applied to take the painting from the other sibling, against their will, in a dispute over its possession and ownership.