Law of Things

Question 1

Res publicae

Answer 1

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

Question 2

Res incorporales

Answer 2

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

Question 3

Usucapio

Answer 3

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

Question 4

Humani iuris

Answer 4

Things capable of private ownership

Question 5

Divini iuris

Answer 5

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

Question 6

Fungibles

Answer 6

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

Question 7

Mutuum

Answer 7

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

Question 8

Commodatum

Answer 8

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

Question 9

Res mancipi

Answer 9

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

Question 10

Bonitary ownership

Answer 10

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

Question 11

Quiritarian ownership

Answer 11

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

Question 12

Joint ownership in tenements

Answer 12

Owner of ground owns whole tenement

Question 13

Rei venditae et traditae

Answer 13

‘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

Question 14

Actio Publiciana

Answer 14

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

Question 15

Occupatio

Answer 15

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

Question 16

Res nullius

Answer 16

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

Question 17

Treasure

Answer 17

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.)

Question 18

Superficies solo cedit

Answer 18

Land always principal in accessio situations involving land

Question 19

Possessio animo nostro, corpore aliena

Answer 19

Possession of a thing may be exercised through another person

Question 20

In potestas

Answer 20

Holding in the name of another

Question 21

Uti posseditis

Answer 21

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

Question 22

Clam

Answer 22

Taken secretly

Question 23

Vi

Answer 23

By force

Question 24

Precario

Answer 24

Revocable gifting of something

Question 25

Unde vi

Answer 25

Interdict for recovery of possession, where possession taken forcibly then may be recovered by force in the same conflict. Time limit of one year

Question 26

Unde vi armata

Answer 26

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

Question 27

Utrubi

Answer 27

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

Question 28

Vindicatio

Answer 28

Process by which one may order return of property or, where this is not possible, restoration of its value

Question 29

Traditio

Answer 29

Mode of transfer under ius gentium. Requires title, capacity, consent, identification of subject(s) and iusta causa

Question 30

Iusta causa

Answer 30

Valid antecedent cause required for passage of right, eg sale, gift etc

Question 31

Libripens

Answer 31

Balance/scales-holder required for mancipatio

Question 32

Mancipatio

Answer 32

Formal conveyance of res mancipi, requiring libripens and five witnesses all with commercium

Question 33

In iure cessio

Answer 33

Formal conveyance of res mancipi, most commonly used for creation of praedial servitudes. Set of formalities conducted in front of Praetor

Question 34

Longi temporis praescripta

Answer 34

For ownership of land to pass must be in possession for 10 years where both parties in same province, 20 where not

Question 35

Accessio

Answer 35

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

Question 36

Alluvio

Answer 36

Gradual shifting of land on river from one riparian proprietor’s land to another

Question 37

Avulsio

Answer 37

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

Question 38

Confusio

Answer 38

Inseparable blending of liquids which have retained their original character - if new thing formed (eg mead) then specificatio

Question 39

Commixtio

Answer 39

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

Question 40

Specificatio

Answer 40

Combination of two or more things to make a novus species. Ownership dependent on reducibility, and compensation on good faith and possession

Question 41

Iter, actus,via, aquaeductus

Answer 41

Four forms of praedial servitude - right to walk, lead cattle, take vehicular access and lead water respectively

Question 42

Termination of praedial servitudes

Answer 42

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

Question 43

Usufruct

Answer 43

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

Question 44

Usus

Answer 44

Right to use property but not enjoy fruits

Question 45

Habitatio

Answer 45

Right to live in property until death, created only by will

Question 46

Capitis diminutio

Answer 46

Loss of status (eg free man to slave)

Question 47

Civil possession

Answer 47

Requires animus, corpus and no good faith requirement

Question 48

Traditio longa manu

Answer 48

Traditio of land/heavy moveables, pointing to something in sight

Question 49

Traditio brevi manu

Answer 49

Converts detention to civil possession via intention to transfer

Question 50

Traditio constitutum possessorium

Answer 50

Buying and immediately leasing back

Question 51

Traditio incertae personae

Answer 51

No particular intended transferee

Question 52

Lex atinia

Answer 52

Late Republic, where person knows where their stolen property is but does not go and recover then usucapio may operate

Question 53

Actio de tigni iniuncto

Answer 53

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

Question 54

Actio ad exhibendum

Answer 54

Action to display the thing in question