Introduction Flashcards
Legal subject
anyone capable of rights and duties. When smb was born free (INGENUI) their status as legal subjects begins at birth. Unborn chils (NASCITURUS) is incepable of rights and duties.
Who is under parental or marital power according to Roman law? Are these persons always unfree.
- Children of the hause (born in marriage) in the power of the father (PATRIA POTESTAS). Legitimate offsprings of the children are still in their father’s POTESTAS. Children can be emancipated-liberation from the PATRIA POTESTAS.
- Wife in MANUS marriage is also in her hasband’s power.
- Incepable of of owning property in their own rights, even though STATUS LIBERTATIS
Legal capacity
- ability to enter into binding legal contracts; to acquire rights and to assume obligations trhought one’s own action.
- Capacity to act (acquire rights trhough legally binding actions)
- criminal capacity- accountable for illegall activities
Who is incapable of having legal capacity
Mentally disabled people (FURIOSI), infaants (INFANTES), under-age persons (PUPILLI )-partial
nature of property rights
- aimed directly at the thing itself
- absolute- has to be respected by all other members->endorcable against everybody->ACTIONES IN REM
real rights->rights IN REM
types of property rights
- ownership (DOMINIUM)->REI VINDICATION
- servitudes (SERVITUTES)
- pledge (PIGNUS)
- emphyteutuc lease -right to cultivate once land fpr one’s own profit
What is NEGOTIUM CLAUDICANS
It is a name for the contracts esteblished by the under-age person without their TUTOR, that are only half-valid-on;y the part that is confers the rights of the PUPILUS
What is LEX PLAETORIA
It’s a protection for the ;egally capable persons below the age of 25 to avoid the exploit a minor’s lack of expirience.
List the types of property rights
- ownership (dominium)
- servitudes
- pledge (PIGNUS)
- emphyteutic lease
