Sources Flashcards
“All men are free men or slaves”
D.1.5.3
“The slave was a human being who could be owned … the one human chattel”
Thomas
Anything acquired by slave belonged to his dominus
D.41.1.10.1
Corporeal/Incorporeal distinction.
Incorporeals cannot be possessed.
G.2.12
Res communes
J.2.1.1
Common to all men
Res publicae
J.2.1.2
Belonging to the state
The “property of collectivity itself” (G.2.11)
Res universitatis
J.2.1.6
Owned by corporate public bodies
Res sacrae
J.2.1.8
Temples, churches…
Res religiosae
J.2.1.9
Graves, burial ground
Res sanctae
J.2.1.10
Protected by God - eg. city walls
Res mancipi list
G.2.14a
Slaves, oxen, asses, mules, horses, Italic land, rustic praedial servitudes.
Modes of delivery distinction between res mancipi and res nec mancipi
Res nec mancipi = informal delivery
G.2.19
Res mancipi = formal delivery
G.2.22
Distinction between res mancipi and res nec mancipi abolishment
C.7.31.1.5
“Ownership has nothing in common with possession” (Ulpian)
D.41.2.12.1
Loss of animus/corpus means a loss of possession.
D.41.2.3
Loss animus/corpus is not always a loss of possession
D.41.2.8
A bonitary owner can become dominus through usucapio
G.2.41
Possession is made up of animus and corpus
D.41.2.3.1
A bona fide possessor would lose against the bonitary owner in the actio Publiciana
D.44.4.4.32
A bonitary owner was considered a type of dominus. (= not majority view)
G.2.40
The first taker of res nullius becomes the dominus
G.2.66
Effective control is needed to remain dominus of ferae naturae
G.2.67
One remains dominus of creatures with a habit of returning until they abandon the home
G.2.68
One becomes dominus of enemy property by occupatio
G.2.69
Confusio
J.2.1.27 - mixture with no principal/accessory (eg. wine)
Commixtio
J.2.1.28 - mixture but readily separable
Alluvio
G.2.70
Avulsio
G.2.71
Insula nata
G.2.72
Demolition of houses is forbidden
G.2.73
Scriptura accedes to the parchment
G.2.77
Tablets accede to the pictura
G.2.78
Nova species controversy where the materials belonged wholly to another
G.2.79
Traditio - causa controversy
Julian D.41.1.36 - putative causa
Ulpian D.12.1.18 - iusta causa
Thesauri invention is a “deposit of money”
D.41.1.31.1
Gaius refers to mancipatio as an imaginary sale
G.1.119
Cessio in iure was the transfer of ownership before the magistrate
G.2.24
Definition of usucapio
Usucapio was the “acquisition of ownership by continued possession”
D.41.3.3
Usucapio: bona fides requirement
G.2.43
Usucapio: the causa
Prevailing view D.41.3.27 - iusta causa
Pomponius D.41.10.3 - putative causa
Purging of vitium
By returning to dominus or if the dominus is aware and takes no steps to retrieve the property.
J.2.6.8
Longissimi temporis praescriptio was irrespective of bad faith
C.7.39.2
Anything acquired by a slave or filius vested in the dominus or pater
D.41.1.32
The slave as a usufruct - acquisition of property for usufructuary/dominus rules
D.41.1.10.3
The bona fide serviens - acquisition of property for rules
D.41.1.10.4
Anything acquired outside of normal labour belonged to the “slave” - D.41.1.19
Servitudes could not impose active duties
D.8.1.15.1
Servitudes must be reasonably exercised
D.8.1.9
Praedial servitudes were attached to land and not people
D.8.4.12
Servitudes must be economically beneficial
D.8.1.15
Usufruct definition
“The right to use and enjoy the things of another without impairing their substances”
Paul, D.7.1.1
Usufruct: rule as to the offspring of slaves
Belonged to the dominus
Brutus, D.7.1.6.8
Usufruct: controversy as to the offspring of animals
Pomponius, D.7.1.6.9 - the offspring belonged to the usufructuary who then had a duty to divest himself.
Julian, D.7.1.70.1 - the offspring were in suspense until the allocation had been made.
Usufruct: the property could be improved as long as this did not alter its character.
D.7.1.13.4
Usufruct: a pars dominii?
Yes: D.7.1.4
No, an independent right: D.50.16.25
