Notas de Derecho Romano

Roman Law Study Notes

Capacity to Act in Rome: Puberty conferred capacity to act.
Acquisition of Res Mancipi: Acquisition of res mancipi (items with legal formality) was achieved through mancipatio or in iure cessio.
Vendee's Liability for Eviction: The vendor's responsibility for eviction (being forced to return the sold item) was known as evicción.
Partnership (Societas): A partnership agreement where Ticio, Cayo, and Sempronio pooled funds for a sea voyage and divided profits.
Representation: Ticio instructed Sempronio to purchase a cow (Melania). Sempronio bought the cow but decided to keep it. Ticio could use the actio mandati to pursue Sempronio for the purchase.
Usufructuary Rights: The usufructuary (the right to use and enjoy property) cannot alter the condition of the property received.
Capitis Deminutio Media: Loss of Roman citizenship brought about a capitis deminutio media.
Manufacturing (Specificatio): Cayo produced weapons from Ticio's metals, leading to specificatio.
Inheritance: Ticio left three children under his control (Sempronio, Marco, and Sexto) and a grandchild (Mevio under his son's control). The child will inherit one-quarter of the estate.
Acquisition by Occupation: The spoils of war, known as 'botín de guerra,' belong to the acquiring party by occupation.
Patrimony: A group of property assets gathered together was known as the patrimony.
Treasure Trove: If someone finds a treasure, they possess half the treasure, the other half belongs to the owner of the land.
Conditional Obligations: An obligation is conditional when it depends on a future event (e.g., "I will give you three thousand sesterces if you pass the Roman Law exam").
Usucapion: A method of acquiring ownership of property through possession.
Augustan Political System: Augustus established the principate political system.
Judges in Formula Proceedings: Private citizens served as judges in formula processes.
Symbolic Delivery (Traditio Symbolic): Symbolic delivery involves the passing of a representative object that signifies the transfer of ownership.
Fear (Metus): A form of intimidation or fear, is a legal offence.
Roman Property Law: The concepts of 'Uti, Frui, Habere and Possidere' define property.
Law of the Twelve Tables: The legal code on which Roman jurisprudence was originally based.

Additional Subtopics

Loan for Consumption (Mutuo): A type of loan where the lender lends the borrower something for personal use.
Stipulation (Stipulatio): It is one of the formal contracts in Roman law It is characterized a question-and-answer exchange between parties, making it a verbal contract in which one party asked a question and the other party offered an answer.
Necessary Heirs: These are the descendants who are under the will of the deceased.
Exception: A legal safeguard used by the defendant in Roman law.
Essential Elements of Legal Agreements: Legal agreements required the elements of consent, object, cause, and form.
Family Relations: Relationships such as affefectio maritalis, are a key part of Roman law.
Edict: A set of pronouncements, or edicts, outlining the law, pronounced by the Roman magistrates.
Interdicts: Judicial orders or edicts from the praetor, which could be used to protect or guarantee possession of property, or an action.
Legal Capacity: The ability to be a subject of rights and obligations. This included "capacity to exercise rights," a legal term for capacity to perform legal acts.
Ownership vs. Possession: The legal differences between possession of property and actual ownership are clarified in Roman law.
Property acquisition: Discussion of the modes of acquisition of real property, such as acquisition via occupation, treasure trove, purchase, and inheritance.