Interdictum
Encyclopedia
In Roman law, an interdictum was an order issued by a praetor
(or, in the provinces, a proconsul
) at the request of a claimant and addressed to another person, imposing upon him a requirement either to do something or to abstain from doing something.
The interdictum, like the modern injunction
, is a remedy designed with the purpose of protecting existing situations by a quick decision. Its procedure is summary. What the plaintiff alleges is taken as true; if his claims are not true, the defendant will disregard the order and defend his right in the subsequent ordinary trial.
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
(or, in the provinces, a proconsul
Proconsul
A proconsul was a governor of a province in the Roman Republic appointed for one year by the senate. In modern usage, the title has been used for a person from one country ruling another country or bluntly interfering in another country's internal affairs.-Ancient Rome:In the Roman Republic, a...
) at the request of a claimant and addressed to another person, imposing upon him a requirement either to do something or to abstain from doing something.
The interdictum, like the modern injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
, is a remedy designed with the purpose of protecting existing situations by a quick decision. Its procedure is summary. What the plaintiff alleges is taken as true; if his claims are not true, the defendant will disregard the order and defend his right in the subsequent ordinary trial.