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CONFESSO´RIA ACTIO is the remedy of a person who has a right of SERVITUS (e. g. a right of way or a usufruct), in the exercise or enjoyment of which he is hindered: the action is Real (Dig. 8, 5, 2, pr.), and is a vindicatio of the servitude, lying against any one who infringes his right, whether it be the owner of the property over which that right extends, or a third person (Dig. 7, 6, 5, 1). Its object. is to establish the existence of the servitude, removal of any obstacles placed in the way of its enjoyment, damages for actual hindrance (Dig. 8, 5, 4, 2, &c.), and a cautio de non amplius turbando, security against further disturbance by the defendant (Dig. 7, 6, 5, 6). By means of a fiction (after the analogy of the actio Publiciana) the actio confessoria could be brought in respect of all servitudes created in the plaintiff's favour by the bonâ--fide possessor of property, and in respect of praedial servitudes by the bonâ--fide possessor of the praedium dominans; in its utilis form it could be employed for the establishment of praedial servitudes by the emphyteuta, superficiarius, and pledgee, no less than by the dominus (Dig. 8, 1, 16).

If a person claimed a servitude over property of another, the latter could take the first step, and bring a negatoria in rem actio, asserting the freedom of the property from the alleged right, the objects of which (mutatis mutandis) were much the same as those of the actio confessoria. (Dig. 7, 6; 8, 5; Gaius, 4.3; Inst. 4.6, 2; Vangerow, Pandekten, § § 353, 354.)


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