Leon Piniński on actio negatoria in Roman law

Abstract

Hrabia (Count) Leon Piniński was one of the most prominent representatives of the Lvov school of Roman law at the turn of the 19th and 20th century. Esteemed not only in the legal and political circles as well as among the history of art community, he was seen as an all-round man, and for good reason. In the dissertation “The notion of and limits to property right in Roman law”, he presented his own way of understanding of property, different from the definitions accepted in the doctrine. One consequence of the definition formulated by Leon Piniński is determination of the scope of application of actio negatoria. In his dissertation, the Lvovian points out in what cases he believed the negatory action could be applied, and when it cannot be used to protect property. His views expressed therein provided the basis for formulation of the observations presented in the article.