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.

Este cuestionario cubre los conceptos fundamentales del Derecho Romano, incluyendo la capacidad de actuar, la adquisición de res mancipi, y la responsabilidad del vendedor por la evicción. También se examinan temas de asociación, representación y derechos de usufructo. Prepárate para probar tu conocimiento sobre esta historia legal crucial.