vindicatio

See: assertion

vindicatio

in Roman law, the action for enforcement of the right of ownership in a thing (including land), strictly only brought against another claiming full ownership as opposed to a possessor. In Scots law the term is often used in a loose sense to mean an enforcement of the right of ownership by recovering possession.
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54) It is an equivalent to the actio vindicatio in the Roman law of property, and clearly falls within the ambit of the law of property.
With regard to cases of transfers by ignorance in the domestic law, the original legal owner is able to bring a vindicatio claim, asserting that he remains the owner throughout, because there is no intention to transfer the property to the claimant.
One scrawl found in a corridor, a red palm leaf symbolizing victory, was drawn next to the letters "Vind"--short for vindicatio, or vengeance.
It tracks very closely the Roman law idea of the in rei vindicatio, which provided an owner with the ability to have his dominium over a resource declared by a court of law.
For an elaboration on the Roman understanding of ownership and the role of the vindicatio therein, see Peter Birks, The Roman Law Concept of Dominium and the Idea of Absolute Ownership, in 1985 ACTA JURIDICA 1 (1986).
Senecan or Stoic justice, Nolan explains (266, 264), has multiple elements including clementia or misericordia (figured as Theseus' sympathy for the widows) and severitas or vindicatio (figured as Thesefus' just anger and war against Creon).
For clearly when a person seeks vindicatio in conformity with the proper order of justice, this is virtuous, for example when he seeks the correction of sin without violation of the order of law, and this is to be angry against sin; on the other hand when a person inordinately seeks vindicatio it is a sin, either because he seeks vindicatio contrary to the order of the law or because he seeks vindicatio with the intention of banishing the sinner rather than abolishing the sin, and this is to be angry against a brother.
Thomas's main argument here is that anger as a desire for vindicatio can be reasonable, and when it is, it is virtuous.
The explanation for conversion's anomalously strict nature sterns from the fact that the common law does not offer a general vindicatio (i.
Justice in its "natural" aspect includes religio, pietas, gratia, vindicatio, observantia, veritas (religion, piety or pious affection, gratitude, vengeance, reverence and frankness) (2.
The common remedy that is allowed by all legal systems is a simple recovery of the thing so taken, in the Roman law by the vindicatio rei, and in the English law by real action for land.
Beauregard later discusses Hamlet's revenge motives from the perspective of the Thomistic virtue of vindicatio.