Roman Law

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63 Questions

Explain the concept of negotium claudicans in Roman property law.

What are the legal capacity starting ages for girls and boys in Roman property law?

Define the term 'curator furiosi' in the context of Roman property law.

Explain the concept of 'iusta possessio' in Roman property law.

What is the significance of 'animus' and 'corpus' in determining possession of an object in Roman property law?

Explain the concept of 'fur' and its implications in Roman property law.

In what circumstances can a victim of FURTUM bring two actions, and what are these actions?

What is the original mode of acquiring possession, and can you provide an example?

What is the derivative mode of acquiring possession, and can you provide an example?

What is required for the conveyance of possession through delivery, and what is the role of agreement in this process?

What two elements are necessary for the acquisition of ownership?

Explain the concept of 'IN IURE CESSIO' and its significance in the context of ownership and possession in Roman law.

Describe the requirements for 'Usucapio' to take place and its significance in Roman law.

Discuss the concept of 'Bona fide acquisition' and its requirements in Roman law.

Explain the significance of 'TRADITIO' in Roman law and the reasons for its failure.

Describe the concept of 'REI VINDICATIO' and its use in Roman law.

Explain the concept of 'ACTIO PUBLICIANA' and its application in Roman law.

Explain the methods of acquiring possession mentioned in the text.

Discuss the concept of derivative possession with examples from the text.

Explain the concept of PECULIUM and its relevance to Melitta's possession.

Describe the significance of IUSSUM in relation to possession, using Agatha's example.

Explain the concept of possession and ownership as demonstrated in the text above. Provide specific examples to support your explanation.

Explain the significance of 'mediate possession' and 'immediate possession' in the context of ownership rights. Provide examples from the text to support your explanation.

Discuss the methods of acquiring ownership rights mentioned in the text, including conveyance, usucaption, and 'natural' means. Provide examples to illustrate each method.

Explain the role of interdicts in protecting ownership rights. Provide specific examples from the text to support your explanation.

Describe the concept of 'DERIVATIVE modes of acquiring ownership' as mentioned in the text. Provide examples to illustrate the different derivative modes mentioned.

Discuss the complexities of possession and ownership in modern civil law codifications, emphasizing the variations in requirements across countries. Provide examples to support your discussion.

Explain the difference between legal personality and legal capacity in Roman property law. Provide examples to illustrate each concept from the text above.

Define the terms 'subjects' and 'objects' of law in the context of Roman property law. How are these terms relevant to the study of property rights?

What does Roman Property Law deal with, and how are legal transactions related to property rights defined in the text above?

Explain the concept of 'corporeal objects' as mentioned in the context of Roman Property Law. Provide examples from the text to support your explanation.

What are the basic concepts of Civil Law discussed in the context of Roman Property Law? Provide a brief overview with examples from the text.

Explain the relevance of legal capacity in Roman Property Law. How does it relate to the ability to enter into binding legal contracts and acquire rights and obligations?

Explain the concept of 'negotium claudicans' in Roman law and its implications for under-age persons entering into contracts without their tutor's consent.

Discuss the role of possession in Roman law and its impact on asset disputes and ownership acquisition.

Explain the legal concept of 'numerus clausus' in Roman property law and its effect on the addition of property rights through individual transactions.

Describe the distinctions between corporeal and incorporeal property rights in Roman law, providing examples of each.

Explain the concept of 'exceptio vitiosae possessionis' in Roman property law and its impact on the legal status of possession.

Discuss the legal recognition of certain groups of people and assets as legal entities in Roman law, along with their independent legal rights and transactions.

Explain the concept of 'animus possidendi' in Roman property law and provide an example from the text.

Define 'traditio' in Roman law and its role in transferring possession. Provide an example from the text to illustrate traditio.

What is 'oculis et affectu' in Roman property law and how does it relate to acquiring possession? Provide an example from the text to illustrate oculis et affectu.

Discuss the impact of the social environment on the acquisition of possession in Roman law, and provide a specific example from the text to support your discussion.

Explain the concept of 'conveyance' in Roman law and its significance in altering legal rights. Provide an example from the text to illustrate conveyance.

Describe the requirements for acquiring possession through 'traditio' in Roman law, and provide an example from the text to support your description.

What is the difference between iusta possessio and proprietary possession in Roman property law?

Explain the concept of possessory interdicts and their role in protecting ownership rights in Roman law.

What is the difference between a detentor and a possessor’s agent in Roman property law?

Discuss the legal implications of a thief's possession of stolen property in Roman law.

Explain the concept of civil possession resulting from a valid title (iusta causa) in Roman property law.

Describe the significance of dolus (malus) in relation to a thief's actions and possession of stolen property in Roman law.

Explain the concept of 'animus' and 'corpus' in determining possession of an object in Roman property law.

What are the original modes of acquiring possession in Roman property law?

Explain the concept of 'traditio' in Roman law and its role in transferring possession. Provide an example from the text to illustrate traditio.

Discuss the role of possession in Roman law and its impact on asset disputes and ownership acquisition.

Explain the concept of 'contract of sale' in Roman law and the conditions required for its conclusion.

Describe the requirements for acquiring possession through 'occupatio' in Roman law, and provide an example from the text to support your description.

Explain the concept of 'traditio' and its role in the transfer of property in Roman law.

What are the essential elements required for possession in Roman law, and how do they apply to the case of Bellona acquiring possession of a garden?

Discuss the role of occupatio in acquiring possession and ownership of unclaimed assets.

Explain the concept of 'contract of sale' and the conditions required for its conclusion in Roman law.

Describe the significance of late republican and late classical periods in relation to the acquisition of possession in Roman law.

Explain the concept of 'original modes of acquiring possession' and provide an example of such a mode in Roman law.

Summary

Modes of Possession and Ownership Summary

  • Carus retains possession of his estate as long as he is unaware of Daphne's trespass, losing possession once informed and not intervening, making Daphne the new possessor.
  • Flora establishes possession of a horse through her slave and loses possession when the slave, Gripus, runs off, but retains possession of everything the slave takes or acquires.
  • Helene's possession of an estate remains unaffected when Felix sub-leases it to Kreon, but she loses mediate possession when Kreon is driven off the land by invaders.
  • Leo loses possession of a sheep when it runs away due to lack of custody and Marcia becomes the possessor by knowingly keeping the sheep, acting as a FUR.
  • Nike has immediate possession of a building through Orion, retains possession SOLO ANIMO when Orion dies, and maintains possession by sending a replacement slave.
  • Ownership rights are referred to as DOMINIUM or PROPRIETAS and are protected by interdicts when the rightful possessor, IUSTUS POSSESSOR, is affected.
  • REI VINDICATIO is used to reclaim property through TRADITIO, the transfer of ownership rights over an object.
  • Acquisition of ownership can occur through conveyance, usucaption, or "natural" means such as occupation or accession.
  • Conveyance, including MANCIPATIO, IN IURE CESSIO, and TRADITIO, is the transfer of ownership to an acquirer by legal transaction.
  • Usucapio is the acquisition of ownership after a period of time when conveyance fails due to a defective transfer.
  • Derivative modes of acquiring ownership in modern civil law codifications include transfer by mere consensus, abstract conveyance, and causal conveyance, with variations in requirements across countries.
  • The transfer of ownership from Ramses to Juno of a vase is a valid EMPTIO VENDITIO with IUSTA CAUSA.

Modes of Acquiring Possession and Immoveable Property

  • Derivative possession relies on assistance of previous possessor, who transfers control of the thing to successor
  • Traditio is a legal act involving transfer of property from transferor to transferee
  • Original modes of acquiring possession are exclusively by a person's own actions
  • Act of occupatio involves taking possession and ownership of unclaimed assets
  • Immoveable property includes land, buildings, and rooted plants
  • Immoveable property is easier to control than moveable property
  • Possession requires animus (intent) and corpus (factual control) over the object
  • Bellona acquires possession of a garden when she steps foot on it
  • Contract of sale is concluded when agreement on item and price is reached
  • Celsus states that possession of land can be acquired if seller shows it to buyer from neighboring property already in buyer's possession
  • Late republican period indicates clear indication of buyer's animus possidendi
  • Late classical period allows possession if all conditions of transfer of possession are met

Description

Test your knowledge of possession and ownership modes in Roman law with this quiz. Explore concepts such as possession, ownership rights, acquisition, and transfer through various legal scenarios and principles.

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