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Law of Things Flashcards

1
Q

Res publicae

A

Public property, eg public rivers and roads, provincial land (NOTE abolished by Justinian)

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2
Q

Res incorporales

A

Real rights that are enjoyed not possessed, eg obligations, usufruct, inheritance

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3
Q

Usucapio

A

Similar to prescription, possession turns into ownership over time. Two years for land, one for moveables

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4
Q

Humani iuris

A

Things capable of private ownership

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5
Q

Divini iuris

A

Divine things incapable of private ownership, res sacrae, res sanctae, and res religiosae

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6
Q

Fungibles

A

Interchangeable things normally consumed by use (money, metals, grain) - utilised in bulk

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7
Q

Mutuum

A

Loan of fungibles. Must be returned with goods of equivalent quantity and value

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8
Q

Commodatum

A

Loan of non-fungibles for use. Must return object in question, however it’s gratuitous so fair wear and tear accepted

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9
Q

Res mancipi

A

Latterly abolished category of ‘important things’ eg slaves, Italic houses and land. Acquired only by formal conveyance

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10
Q

Bonitary ownership

A

Acquisition of res mancipi by informal means, protected by Praetor. Transferee in possession can protect from vindicatio by dominus with defence of rei venditae et traditae

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11
Q

Quiritarian ownership

A

Ownership by Roman citizen. Property must be capable of private ownership, validly acquired, commercium. Ownership unitary

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12
Q

Joint ownership in tenements

A

Owner of ground owns whole tenement

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13
Q

Rei venditae et traditae

A

‘The thing has been sold and delivered’ - if can show that this is true then acts as defence from vindicatio where transferee is bonitary owner

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14
Q

Actio Publiciana

A

Action to regain property of which one had bona fide gained possession, and subsequently gained ownership by prescription

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15
Q

Occupatio

A

Device by which first taker obtains ownership of res nullius. Requires animus, ownership lasts only as long as have possession - where animal escapes sight or is difficult of pursuit then its lost

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16
Q

Res nullius

A

Includes res communes, wild animals (NOT THOSE WITH HOMING INSTINCT), enemy property captured on Roman territory in times of war, treasure (provided deposited with untraceable owner), abandoned property, and gems, stones on seashore and new islands

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17
Q

Treasure

A

Ownerless property provided deposited and with untraceable owner. In Republic belonged to landowner via accessio, in early Empire belonged to Treasury. Hadrian: finding treasure on own land or sacred land (you may keep it); by chance on another’s land (you split it 50/50; by a deliberate search on another’s land (you come to agreement w landowner or they keep it.)

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18
Q

Superficies solo cedit

A

Land always principal in accessio situations involving land

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19
Q

Possessio animo nostro, corpore aliena

A

Possession of a thing may be exercised through another person

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20
Q

In potestas

A

Holding in the name of another

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21
Q

Uti posseditis

A

Interdict to protect against the use of force against possession, or recover possession, providing the property in question was not taken by clam, vi or precario. Applies only to immediate dispossessors, who may still defend possession against third parties. Failure to comply may incur fine

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22
Q

Clam

A

Taken secretly

23
Q

Vi

24
Q

Precario

A

Revocable gifting of something

25
Unde vi
Interdict for recovery of possession, where possession taken forcibly then may be recovered by force in the same conflict. Time limit of one year
26
Unde vi armata
Interdict for recovery of possession where possession taken by armed force - recovery allowed irrespective of plaintiff's position. No time limit and irrespective of whether possession acquired by clam, vi au precario
27
Utrubi
Interdict for retention and recovery of possession of moveables. Possession given to person with longest rightful possession IN THE PRECEDING YEAR provided not acquired clam, vi au precario
28
Vindicatio
Process by which one may order return of property or, where this is not possible, restoration of its value
29
Traditio
Mode of transfer under ius gentium. Requires title, capacity, consent, identification of subject(s) and iusta causa
30
Iusta causa
Valid antecedent cause required for passage of right, eg sale, gift etc
31
Libripens
Balance/scales-holder required for mancipatio
32
Mancipatio
Formal conveyance of res mancipi, requiring libripens and five witnesses all with commercium
33
In iure cessio
Formal conveyance of res mancipi, most commonly used for creation of praedial servitudes. Set of formalities conducted in front of Praetor
34
Longi temporis praescripta
For ownership of land to pass must be in possession for 10 years where both parties in same province, 20 where not
35
Accessio
Where accessory accedes to principal. Where relating to land owner of land will maintain ownership, but depending on ownership of materials and whether the parties acted in good faith may owe compensation
36
Alluvio
Gradual shifting of land on river from one riparian proprietor's land to another
37
Avulsio
Sudden shifting of part of one riparian proprietor's land to another eg in a storm. Ownership remains with original proprietor until new proprietor's trees take root on land in question
38
Confusio
Inseparable blending of liquids which have retained their original character - if new thing formed (eg mead) then specificatio
39
Commixtio
Mixing of separable or inseparable solids. If owners consented then common property divided into pro rata shares, if no consent then no effect on ownership
40
Specificatio
Combination of two or more things to make a novus species. Ownership dependent on reducibility, and compensation on good faith and possession
41
Iter, actus,via, aquaeductus
Four forms of praedial servitude - right to walk, lead cattle, take vehicular access and lead water respectively
42
Termination of praedial servitudes
Destruction of either tenement, non-exercise for two years (changed with longi temporis praescripta), merger (both tenements same owner), cession (formally ceded by dominant owner), abandonment
43
Usufruct
Right to use another's property and take the fruits. Must maintain property to standard of bonus paterfamilias and cannot change character of property, and only becomes owner of fructas upon gathering
44
Usus
Right to use property but not enjoy fruits
45
Habitatio
Right to live in property until death, created only by will
46
Capitis diminutio
Loss of status (eg free man to slave)
47
Civil possession
Requires animus, corpus and no good faith requirement
48
Traditio longa manu
Traditio of land/heavy moveables, pointing to something in sight
49
Traditio brevi manu
Converts detention to civil possession via intention to transfer
50
Traditio constitutum possessorium
Buying and immediately leasing back
51
Traditio incertae personae
No particular intended transferee
52
Lex atinia
Late Republic, where person knows where their stolen property is but does not go and recover then usucapio may operate
53
Actio de tigni iniuncto
Action for twice the value of materials where A has built on his own land using B's materials in good faith and A is in possession
54
Actio ad exhibendum
Action to display the thing in question

Roman Law (3 decks)

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