Ius Civile methods of acquiring ownership Flashcards
Mancipatio
Derivative mode of acquisition
5 + libripens (All R. citizens w/ commercium)
Transferor has no title: Actio auctoritatis (x2 price) or usucapio
If size land overestimated = x2 amount overpaid via. actio de modo agri
In iure cessio
Before mag. w/ parties both present
Usually incorporeal
Usucapio
Prescriptive acquisition
1) Possession: Not just custody
2) Time: 2 land, 1 all else; J to10 and 3 respectively (20 for another province)
3) Continuity: Death not equal interruption; LATE CLASSICAL DEV. if g.f. buyer could add seller’s usucapion time
4) Bona fides: Supervening bad faith didn’t matter
5) Iusta causa: Mistaken iusta causa insufficient
6) Capability - Privately ownable, stolen only available if owner discovers whereabouts and fails to claim
Longi Temporis Praescriptio
Provincial land not capable of usucapio as not capable of private ownership
Later developed if possessed land for 10 years (or 20 if parties in different provinces)
Definition of treasure
- Secreted into land
- Not lost/ dropped
- Owner not traceable
Who owned treasure?
2nd BC - Accedes to land it was buried
Early empire - To imperial treasury in all circumstances
Hadrian onwards (AD 117) - Found on own land = All; on another = half each (if by deliberate search all to landowner); public land = 1/2 treasury, 1/2 finder
Traditio
1) Delivery - Transferee had to be put in control of property
- Longa manu: Property indicated or pointed at
- Brevi manu: Words of authorisation by transferor to transferee to keep the thing over which the transferee already had control
- Constitutum possessorium: A agrees to transfer ownership to B but A still keeps under temporary control
- Symbolic delivery: LATE EMPIRE Something given that represnts the whole i.e. key
(2) Intention: Iusta causa, by J. enough to intend ownership to pass
Property distinctions
- Res Communes: Common to all men
- Res Publicae: State owned
- Res Universitatis: Owned by public bodies
- Res Nullius: Belong to no-one
- The seashore: All had right of access
- Fungibles: Exist primarily in quantities i.e. money/ gain
Vindicatio
Secured right to property
2 stages:
- Action ad exhibendum: Against person with thing to produce in court
- Rei Vindicatio: Prove ownership
Restrictions of dominium
- XII tables: Cannot demolish buildings, 5 feet between neighboring buildings
Conditions for dominium
1) Commercium
2) Property capable of private ownership
3) Property acquired through appropriate method of acquisition
Sabinian and Proculian differences of quadrupeds mancipatio
- S believed quadrupeds habituated to the saddle and collar required formal conveyance upon birth
- P believed not necessary until broken in and if not able to be so, when at an age at which it would be expected to have occured
