Roman Law

Negotium claudicans refers to a contract entered into by impuberes (minors) or pupilli (wards) without the consent of their tutor. In this case, only the conferring of rights on the pupillus is valid, but the obligations are not binding.

Legal capacity starts at age 12 for girls and age 14 for boys.

A curator furiosi is appointed for individuals who are furiosi (insane) and are incapable of legal action. The curator furiosi acts on their behalf in legal matters.

<p>Iusta possessio refers to lawful possession resulting from a valid title (iusta causa). It allows the possessor to safeguard their possession through interdicts and prohibits the use of force against them.</p> Signup and view all the answers

<p>In Roman property law, 'animus' refers to the intention to control an object, while 'corpus' refers to the factual control over the object. Both animus and corpus are necessary to establish possession of an object.</p> Signup and view all the answers

<p>In Roman property law, 'furtum' refers to the act of someone appropriating an object while knowing it belongs to another person. This constitutes theft, especially if done with larcenous intent (dolus).</p> Signup and view all the answers

<p>A victim of FURTUM can bring two actions: ACTIO FURTI (imposes penalty) and CONDICTIO FURTIVA (recovery of stolen object)</p> Signup and view all the answers

<p>The original mode of acquiring possession is effected only through a person's own action, without the aid of a previous possessor. An example is OCCUPATIO, which is the taking possession of RES NULLIUS</p> Signup and view all the answers

<p>The derivative mode of acquiring possession occurs when a previous possessor transfers control over the thing and thus possession to a successor. An example is TRADITIO, which is when a transferor delivers an object to a transferee</p> Signup and view all the answers

<p>Conveyance mostly transfers of proprietary possession by delivery (TRADITIO). In order for TRADITIO to occur, there has to be an agreement</p> Signup and view all the answers

<p>ANIMUS and CORPUS are necessary for the acquisition of ownership</p> Signup and view all the answers

<p>IN IURE CESSIO was a formal transaction in Roman law where the transferee had to claim before the praetor that the object is now his. It was not dependent on the existence of a IUSTA CAUSA. The requisites were the authorization of the transferor and the formal act of conveyance. This transaction was significant as it led to the transferee becoming the civil owner of the object, even if there was no just cause for the transfer.</p> Signup and view all the answers

<p>The requirements for Usucapio to take place were: RES HABILIS (thing capable of being usucapted), TITULUS (legal title), BONA FIDES (good faith), POSSESSIO (possession), and TEMPUS (period of time). Usucapio was significant in Roman law as it allowed individuals to acquire ownership of property through uninterrupted possession for a certain period of time, even in the absence of a formal transfer of ownership.</p> Signup and view all the answers

<p>Bona fide acquisition in Roman law referred to obtaining an object from an unauthorized vendor without insisting on a period of qualified possession (TEMPUS). The requirements for BONA FIDE acquisition included specific conditions for movable property and real estates, and the concept was regulated by specific articles of the Austrian Civil Code (ABGB) in Roman law.</p> Signup and view all the answers

<p>TRADITIO was the conveyance of ownership or possession of an object in Roman law. Reasons for the failure of TRADITIO included cases where the transferor lacked ownership or authority, acquired property from a PUPILLUS, FURIOSUS, or PRODIGUS, and the lack of a valid CAUSA. When the acquirer acted in BONA FIDE and had no valid cause, he had a putative title and fulfilled the requirement for usucapion.</p> Signup and view all the answers

<p>REI VINDICATIO was a legal action in Roman law that allowed the owner of a thing to demand its return from someone who was wrongfully possessing it. This action was significant as it provided a means for the original owner to reclaim their property, even if it had been wrongfully taken or transferred to another party.</p> Signup and view all the answers

<p>ACTIO PUBLICIANA was a legal action in Roman law that allowed a person to reclaim a thing from someone who acquired it in bad faith. It was applicable when the possessor of the thing had no legal right to it, and the action aimed to restore the thing to its rightful owner. This concept was significant in protecting owners from wrongful possession or acquisition of their property.</p> Signup and view all the answers

<p>Various methods of acquiring possession include TRADITIO BREVI MANU, CONSTITUTUM POSSESSORIUM DOMINUS, and direct acquisition by agents SUI IURIS. There are exceptions for CURATOR, TUTOR, and PROCURATOR. Agatha acquires immediate possession over a horse through her slave by giving an IUSSUM.</p> Signup and view all the answers

<p>Derivative possession is acquired through lawful transfer of possession from another possessor. Vibia establishes lawful derivative possession over a horse stolen by Tiro. Orion acquires derivative possession over an ox and then establishes ANIMUS REM ALTERI HABENDI by renting it from Pius.</p> Signup and view all the answers

<p>PECULIUM refers to property or money that belongs to a slave but is managed by the slave's master. Melitta, granted with a PECULIUM, acquires everything she buys, as it belongs to Leo.</p> Signup and view all the answers

<p>IUSSUM refers to a command or order given by a person with authority. Agatha acquires immediate possession over a horse through her slave by giving an IUSSUM, demonstrating the significance of authority in acquiring possession.</p> Signup and view all the answers

<p>The concept of possession and ownership in the text is demonstrated through various scenarios where individuals acquire, lose, and transfer possession of property. For example, Carus retains possession of his estate until informed of Daphne's trespass, Flora establishes possession of a horse through her slave Gripus, and Helene's possession of an estate remains unaffected when Felix sub-leases it to Kreon. These examples illustrate the complexities of possession and ownership in different situations.</p> Signup and view all the answers

<p>Mediate possession and immediate possession are significant in the context of ownership rights as they determine the continuity of possession in various circumstances. For example, Helene loses mediate possession when Kreon is driven off the land by invaders, while Nike retains immediate possession of a building through Orion, even after Orion's death. These examples highlight the importance of understanding the distinction between mediate and immediate possession in relation to ownership rights.</p> Signup and view all the answers

<p>The text mentions several methods of acquiring ownership rights, including conveyance (such as MANCIPATIO, IN IURE CESSIO, and TRADITIO), usucaption, and 'natural' means such as occupation or accession. For example, REI VINDICATIO is used to reclaim property through TRADITIO, and usucapio allows for the acquisition of ownership after a period of time when conveyance fails due to a defective transfer. These examples demonstrate the diverse methods of acquiring ownership rights outlined in the text.</p> Signup and view all the answers

<p>Interdicts play a crucial role in protecting ownership rights by providing legal remedies when the rightful possessor (IUSTUS POSSESSOR) is affected. For instance, ownership rights referred to as DOMINIUM or PROPRIETAS are protected by interdicts, and the rightful possessor can use REI VINDICATIO to reclaim property through TRADITIO. These examples showcase the significance of interdicts in safeguarding ownership rights.</p> Signup and view all the answers

<p>The text introduces the concept of derivative modes of acquiring ownership, which include transfer by mere consensus, abstract conveyance, and causal conveyance, each with variations in requirements across countries. For example, the transfer of ownership from Ramses to Juno of a vase is a valid EMPTIO VENDITIO with IUSTA CAUSA. These examples illustrate the diverse derivative modes of acquiring ownership highlighted in the text.</p> Signup and view all the answers

<p>The complexities of possession and ownership in modern civil law codifications are evident through the variations in requirements across countries for derivative modes of acquiring ownership. For instance, transfer by mere consensus, abstract conveyance, and causal conveyance have varying requirements in different legal systems. These variations underscore the intricate nature of possession and ownership in modern civil law codifications.</p> Signup and view all the answers

<p>Legal personality refers to the capacity to hold rights and duties and can be attributed to natural persons or legal entities. Legal capacity, on the other hand, refers to the ability to enter into binding legal contracts, acquire rights, and assume obligations through one's own actions. An example of legal personality is an individual capable of rights and duties, while an example of legal capacity is the ability to enter into a binding legal contract.</p> Signup and view all the answers

<p>In Roman property law, objects of law refer to things (res) that are subject to use by humans, while subjects of law encompass anyone capable of rights and duties. Understanding these terms is crucial to the study of property rights as it involves attributing legal objects to legal subjects and defining the scope of ownership and possession.</p> Signup and view all the answers

<p>Roman Property Law deals with the right to hold power over corporeal objects by legal subjects. Legal transactions are defined as everything that differs from and is subject to use by humans, known as a thing, within the legal sense.</p> Signup and view all the answers

<p>Corporeal objects in Roman Property Law are defined as objects that can be touched. An example of a corporeal object is a piece of land or a physical structure, such as a building or a statue, as mentioned in the text.</p> Signup and view all the answers

<p>The basic concepts of Civil Law discussed in the context of Roman Property Law include the right to hold power over corporeal objects by legal subjects, defining legal objects and subjects of law, and the capacity to hold rights and duties. An example is the attribution of legal objects to legal subjects and the definition of things as objects that can be touched within the legal sense.</p> Signup and view all the answers

<p>Legal capacity in Roman Property Law is relevant to the ability to enter into binding legal contracts and acquire rights and obligations through one's own actions. It demands a degree of maturity in terms of age and mental abilities and is essential for transactional capacity and criminal capacity.</p> Signup and view all the answers

<p>Negotium claudicans refers to a 'limping transaction' where an under-age person, without their tutor's consent, enters into a contract, conferring valid rights on the child but not legally binding obligations. This concept highlights the protection of under-age individuals in Roman law, ensuring that they are not unfairly bound by agreements entered into without proper guidance.</p> Signup and view all the answers

<p>Possession in Roman law involves factual control over an object with the intention to control it, requiring both animus (intent to possess) and corpus (control over the object). Possessors hold a stronger position in asset disputes and can acquire ownership through traditio, occupatio, or usucapio. This emphasizes the significance of possession in determining ownership and resolving disputes.</p> Signup and view all the answers

<p>The 'numerus clausus' concept in Roman law limits the addition of property rights through individual transactions. This principle restricts the creation of new types of property rights, emphasizing a fixed and limited set of recognized property rights. It aims to maintain stability and clarity in property law by preventing the arbitrary expansion of property rights.</p> Signup and view all the answers

<p>In Roman law, corporeal property rights pertain to tangible objects, such as land or buildings, while incorporeal property rights relate to intangible rights, such as servitudes or pledges/liens (pignus). An example of corporeal property right would be ownership (dominum), while an example of incorporeal property right would be a servitude.</p> Signup and view all the answers

<p>The 'exceptio vitiosae possessionis' function in Roman law denies interdictive protection to the iniustus possessor, affecting the legal status of possession. This concept serves to invalidate the rights of a possessor who acquired the object through wrongful or defective means, ensuring that possession is not recognized or protected when obtained unlawfully.</p> Signup and view all the answers

<p>Roman law recognizes certain groups of people and assets as legal entities capable of holding rights. These entities possess independent legal rights and the ability to engage in transactions. This recognition reflects the complexity and diversity of legal entities within Roman law, extending rights and responsibilities beyond individual persons.</p> Signup and view all the answers

<p>Animus possidendi refers to the intention to take possession of something. An example from the text is that the intent to purchase something or be party to a contract does not count as animus possidendi.</p> Signup and view all the answers

<p>Traditio is the physical act of transferring proprietary possession. An example from the text is that the delivery of keys can play a role in transferring possession, as agreed immediate transfer of possession can occur without further action.</p> Signup and view all the answers

<p>Acquiring possession in the presence of the object, without physical control, is known as oculis et affectu. An example from the text is that legal capacity is required to form legally relevant possessory intent, excluding minors and mentally handicapped individuals from performing relevant actions.</p> Signup and view all the answers

<p>The social environment can impact the acquisition of possession, requiring a more manifest act of taking control in certain circumstances. An example from the text is that the intent to purchase something or be party to a contract does not count as animus possidendi.</p> Signup and view all the answers

<p>Conveyance is a legal act altering the scope of a legal right or its attribution, often by delivery. An example from the text is that traditio is the physical act of transferring proprietary possession.</p> Signup and view all the answers

<p>The requirements for acquiring possession through traditio include the physical act of transferring proprietary possession. An example from the text to support this is that the delivery of keys can play a role in transferring possession, as agreed immediate transfer of possession can occur without further action.</p> Signup and view all the answers

<p>Iusta possessio is a prerequisite for interdictive protection and is considered relational, while proprietary possession is based on the intention of having an object to oneself (animus rem sibi habendi).</p> Signup and view all the answers

<p>Possessory interdicts are decrees issued by the praetor to prevent dispossession or unauthorized infringement on others’ property, aiming to stop imminent or open conflict. They provide temporary interdictive protection and include prohibitory and restitutory interdicts to protect the iustus possessor.</p> Signup and view all the answers

<p>A detentor is a holder who is neither a slave nor in the possessor’s martial or paternal power relationship, while a possessor’s agent is in the possessor’s power.</p> Signup and view all the answers

<p>A thief is in possession of the stolen object in relation to everybody except the person they stole from, and they act with larcenous intent (dolus malus). This possession can lead to actions such as actio fuerti (penal action) and rei vindicatio (recovery of stolen property).</p> Signup and view all the answers

<p>Civil possession resulting from a valid title (iusta causa) strengthens the legal position of the de facto possessor of an object, providing a legal basis for possession beyond mere physical control.</p> Signup and view all the answers

<p>Dolus (malus) refers to criminal intent, and a thief’s actions are considered dolose, indicating larcenous intent to enrich themselves by knowingly taking someone else’s property.</p> Signup and view all the answers

<p>Animus refers to the intent or will to possess the object, while corpus refers to the factual control or physical possession of the object. Both animus and corpus are essential elements in determining possession of an object in Roman property law.</p> Signup and view all the answers

<p>The original modes of acquiring possession in Roman property law are exclusively by a person's own actions. These include occupatio, accessio, traditio, and specificatio.</p> Signup and view all the answers

<p>Traditio is a legal act involving the transfer of property from the transferor to the transferee. It plays a crucial role in transferring possession from one person to another. An example from the text illustrating traditio is the transfer of possession of land from a seller to a buyer through a formal act of traditio.</p> Signup and view all the answers

<p>Possession is a fundamental concept in Roman law, playing a significant role in asset disputes and the acquisition of ownership. It determines the rights of individuals over property and is essential in resolving disputes related to ownership and possession.</p> Signup and view all the answers

<p>A contract of sale in Roman law is concluded when there is an agreement on the item being sold and its price. The conditions required for its conclusion include mutual consent of the parties involved and the determination of the item being sold along with its price.</p> Signup and view all the answers

<p>Occupatio involves taking possession and ownership of unclaimed assets. The requirements for acquiring possession through occupatio include the intention to possess the unclaimed asset and the actual physical control over it. An example from the text illustrating occupatio is when Bellona acquires possession of a garden by stepping foot on it.</p> Signup and view all the answers

<p>Traditio is a legal act involving the transfer of property from the transferor to the transferee. It is a fundamental concept in Roman law, signifying the physical transfer of control and possession of the property.</p> Signup and view all the answers

<p>Possession in Roman law requires animus (intent) and corpus (factual control) over the object. In the case of Bellona acquiring possession of a garden, her stepping foot on it demonstrates both animus and corpus, establishing her possession.</p> Signup and view all the answers

<p>Occupatio involves taking possession and ownership of unclaimed assets. It is a method by which individuals can acquire property that has no apparent owner.</p> Signup and view all the answers

<p>A contract of sale is concluded when there is an agreement on the item being sold and the price. The parties involved must reach mutual consent on these terms for the contract to be finalized.</p> Signup and view all the answers

<p>During the late republican period, there was a clear indication of the buyer's animus possidendi being a requirement for possession. In the late classical period, possession could be acquired if all conditions of the transfer of possession were met, reflecting developments in the legal understanding of possession.</p> Signup and view all the answers

<p>Original modes of acquiring possession in Roman law are exclusively by a person's own actions. An example of this is the act of occupatio, where an individual takes possession and ownership of unclaimed assets.</p> Signup and view all the answers