Property and Obligations

Question 1

when should the law of property be considered

Answer 1

when thinking which elements of the Law of Things might apply to a particular dispute, or problem scenario

Question 2

how could a man in Ancient Rome rely on the law to protect any claim he wanted to make

Answer 2

only if the law recognised a suitable action to protect that claim

Question 3

what happened if there was no appropriate action in law

Answer 3

no legally enforceble rights

Question 4

How did Roman law grow up, and how was it re-classified and by who

Answer 4

• Roman law grew up through the Law of Actions
• before being re-classified into law relating to ‘Persons, Things and Actions’ by Gaius

Question 5

how are property rights enforced

Answer 5

enforced using an action in rem

Question 6

what are some elements in relation to property rights

Answer 6

• legal bond between a person and a thing
• Action in rem; an ‘action in respect of a thing’
• Fundamental purpose is to establish a legal bond between a person and an asset

Question 7

how are Obligations enforced

Answer 7

• An action possible only against another person
• Action in personam; an ‘action in respect of another person’
• Fundamental purpose is to establish that there is a link between the person bringing the action and the other person

Question 8

what is an action in personam

Answer 8

we proceed against someone whose under contractual or delictual obligation to us

Question 9

what rights are actions in personam used to enforce

Answer 9

enforce rights Gaius grouped together in the Law of obligations – personal rights, rights against individual persons

Question 10

what is an action in rem

Answer 10

we claim that some corporeal thing is ours, or that we’re entitled to some sort of right

Question 11

what rights are actions in rem used to enforce

Answer 11

enforce rights that Gaius grouped together in the Law of property – real rights, as they are things and enforceable agaisnt the whole world