Ius Gentium Methods of acquiring ownership Flashcards
Occupatio
- First taker of ownerless property
- Dispute: SABINIANS held abandoned things immediately res nullius and PROCULIANS said O did not lose dominium until another took possession of it
- O remained if had intention of returning
- CLASSICAL LAW A wounds and B retains control, then belongs to B
Accessio
Two conditions:
1) Thing that has been incorporated has lost original identity
2) Incorporated thing inseparable
Commixtio
Things belonging to different owners but readily separable
- Via agreememnt = common ownership
- Not so, things separated and returned via. actio ad exhibendum (Display the property) and Vindicatio
Confusio
Physically inseparable things.
Mix owned in common proportion to value of parties share using actio communi devidundo
Avulsio
If force of river takes A (identifiable piece of land) and deposits against land of another B. if adheres to land and trees grow on it then B belongs to B
Alluvio
Imperceptible accretion of soil on a person’s land through action of river, belongs to owner of land
Buildings: Basics
- XII tables forbade destruction of buildings, though owner in bad faith liable to actio furti and actio de tigno iniucto to double value of materials and vindicatio if building falls down
What if X builds on Y lands with own materials?
- BF = No defence to vindicatio as considered a gift
- GF = vindicatio still occurs but claimant liable to exceptio doli if doesn’t pay expenses
Compensation if owner of the Principle attached the things
- P = BF = AF
- P = GF and in poss. no need to compensate (Action allowed for value of thing in LATE EMPIRE)
- P = No Poss. then may obtain via. vindicatio upon paying value of accessory thing, if not, V. defeated by exceptio doli
Compensation if owner of Accessory attached the thing
- A = BF = Gift
- A = No poss. = No remedy
- A = Poss. then may claim compensation for value of thing from owner, or retain ownership via. exceptio doli
