Derecho Romano: Capacidad y Propiedad

Study Notes

Roman Law Study Notes

Capacity to Act in Rome: Puberty granted legal capacity.
Acquisition of Res Mancipi: Res mancipi were acquired via mancipatio or in iure cessio.
Vendee's Liability: The seller's liability, called "eviction," arose if a third party successfully challenged the buyer's ownership.
Partnership (Societas): Ticio, Cayo, and Sempronio formed a partnership to buy and transport goods.
Agency (Representation): Ticio commissioned Sempronio to purchase a cow, but Sempronio kept it; Ticio had a legal recourse, actio mandati, to enforce the agreement.
Usufructuary Rights: The usufructuary (a person with the right to use, but not own, property) cannot change the property's state.
Capitis Deminutio Media: A form of lessening of rights which involved loss of Roman citizenship.
Manufacturing and Ownership: Cayo made a lance using Ticio's iron, resulting in specificatio (creation of a new thing that takes materials from someone else).
Succession (Inheritance): Ticio's heir receives one-fourth (1/4) share of the inheritance.
Acquisition of Property: Booty of war was acquired through occupation.
Trusts and Foundations: Patrimony (assets) intended for specific purposes constitute a trust or foundation.
Treasure Ownership: Treasures found on someone else's land are owned equally by the finder and landowner.
Conditional Obligations: Obligations subject to conditions are conditional.
Usucapio (Prescription): A way to acquire ownership of another's property after prolonged possession.
Roman Political Systems: Augustus established the Roman Principate.
Juries (Forum): Juries in legal trials were made up of ordinary citizens.
Symbolic Delivery of Goods: Traditio simbolica involves the transfer of an object symbolic of the thing itself.
Fear (Metus): Fear or intimidation, a form of duress under Roman law.
Property Rights: Ownership is defined as the right to use, enjoy, possess, and dispose of one's property. The 12 Tables are one of its legal foundations.