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Where the dispute relates to the possession of land or buildings, the interdict called 'Uti possidetis' is employed; where to movable property, that called 'Utrubi. Under the older law their effects were very different.
In 'Utrubi' the winner was the party who had been in possession the greater portion of the year next immediately preceding, provided that possession had not been obtained by force, or clandestinely, or by permission, from his adversary.
4 The interdicts 'Uti possidetis' and 'Utrubi' are interdicts for retaining possession, and are employed when two parties claim ownership in anything, in order to determine which shall be defendant and which plaintiff; for no real action can be commenced until it is ascertained which of the parties is in possession, because law and reason both require that one of them shall be in possession and shall be sued by the other.
Of double interdicts we have examples in Uti possidetis and Utrubi; they are called double because the footing of both parties is equal, neither being exclusively plaintiff or defendant, but each sustaining the double role.
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