<Dl> <Dt> Defences </Dt> </Dl> <P> The facta probanda may be challenged in defence against the rei vindicatio . There are four main defences: </P> <Ol> <Li> The claimant is not the owner of the property . This allegation would clearly require the defendant to produce documentary evidence . </Li> <Li> The property in question is no longer identifiable or does not exist; it has, for instance, been destroyed . </Li> <Li> The defendant's possession or physical control of the property is not unlawful . </Li> <Li> The defendant is in fact not, or no longer, in physical control of the property . </Li> </Ol> <Li> The claimant is not the owner of the property . This allegation would clearly require the defendant to produce documentary evidence . </Li>

Four restrictions on the application of the rei vindicatio
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