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Civil Law I > Sources > Flashcards

Sources Flashcards

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1
Q

“All men are free men or slaves”

A

D.1.5.3

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2
Q

“The slave was a human being who could be owned … the one human chattel”

A

Thomas

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3
Q

Anything acquired by slave belonged to his dominus

A

D.41.1.10.1

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4
Q

Corporeal/Incorporeal distinction.

Incorporeals cannot be possessed.

A

G.2.12

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5
Q

Res communes

A

J.2.1.1

Common to all men

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6
Q

Res publicae

A

J.2.1.2

Belonging to the state

The “property of collectivity itself” (G.2.11)

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7
Q

Res universitatis

A

J.2.1.6

Owned by corporate public bodies

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8
Q

Res sacrae

A

J.2.1.8

Temples, churches…

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9
Q

Res religiosae

A

J.2.1.9

Graves, burial ground

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10
Q

Res sanctae

A

J.2.1.10

Protected by God - eg. city walls

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11
Q

Res mancipi list

A

G.2.14a

Slaves, oxen, asses, mules, horses, Italic land, rustic praedial servitudes.

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12
Q

Modes of delivery distinction between res mancipi and res nec mancipi

A

Res nec mancipi = informal delivery
G.2.19

Res mancipi = formal delivery
G.2.22

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13
Q

Distinction between res mancipi and res nec mancipi abolishment

A

C.7.31.1.5

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14
Q

“Ownership has nothing in common with possession” (Ulpian)

A

D.41.2.12.1

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15
Q

Loss of animus/corpus means a loss of possession.

A

D.41.2.3

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16
Q

Loss animus/corpus is not always a loss of possession

A

D.41.2.8

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17
Q

A bonitary owner can become dominus through usucapio

A

G.2.41

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18
Q

Possession is made up of animus and corpus

A

D.41.2.3.1

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19
Q

A bona fide possessor would lose against the bonitary owner in the actio Publiciana

A

D.44.4.4.32

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20
Q

A bonitary owner was considered a type of dominus. (= not majority view)

A

G.2.40

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21
Q

The first taker of res nullius becomes the dominus

A

G.2.66

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22
Q

Effective control is needed to remain dominus of ferae naturae

A

G.2.67

23
Q

One remains dominus of creatures with a habit of returning until they abandon the home

A

G.2.68

24
Q

One becomes dominus of enemy property by occupatio

A

G.2.69

25
Q

Confusio

A

J.2.1.27 - mixture with no principal/accessory (eg. wine)

26
Q

Commixtio

A

J.2.1.28 - mixture but readily separable

27
Q

Alluvio

A

G.2.70

28
Q

Avulsio

A

G.2.71

29
Q

Insula nata

A

G.2.72

30
Q

Demolition of houses is forbidden

A

G.2.73

31
Q

Scriptura accedes to the parchment

A

G.2.77

32
Q

Tablets accede to the pictura

A

G.2.78

33
Q

Nova species controversy where the materials belonged wholly to another

A

G.2.79

34
Q

Traditio - causa controversy

A

Julian D.41.1.36 - putative causa

Ulpian D.12.1.18 - iusta causa

35
Q

Thesauri invention is a “deposit of money”

A

D.41.1.31.1

36
Q

Gaius refers to mancipatio as an imaginary sale

A

G.1.119

37
Q

Cessio in iure was the transfer of ownership before the magistrate

A

G.2.24

38
Q

Definition of usucapio

A

Usucapio was the “acquisition of ownership by continued possession”

D.41.3.3

39
Q

Usucapio: bona fides requirement

A

G.2.43

40
Q

Usucapio: the causa

A

Prevailing view D.41.3.27 - iusta causa

Pomponius D.41.10.3 - putative causa

41
Q

Purging of vitium

A

By returning to dominus or if the dominus is aware and takes no steps to retrieve the property.

J.2.6.8

42
Q

Longissimi temporis praescriptio was irrespective of bad faith

A

C.7.39.2

43
Q

Anything acquired by a slave or filius vested in the dominus or pater

A

D.41.1.32

44
Q

The slave as a usufruct - acquisition of property for usufructuary/dominus rules

A

D.41.1.10.3

45
Q

The bona fide serviens - acquisition of property for rules

A

D.41.1.10.4

Anything acquired outside of normal labour belonged to the “slave” - D.41.1.19

46
Q

Servitudes could not impose active duties

A

D.8.1.15.1

47
Q

Servitudes must be reasonably exercised

A

D.8.1.9

48
Q

Praedial servitudes were attached to land and not people

A

D.8.4.12

49
Q

Servitudes must be economically beneficial

A

D.8.1.15

50
Q

Usufruct definition

A

“The right to use and enjoy the things of another without impairing their substances”

Paul, D.7.1.1

51
Q

Usufruct: rule as to the offspring of slaves

A

Belonged to the dominus

Brutus, D.7.1.6.8

52
Q

Usufruct: controversy as to the offspring of animals

A

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.

53
Q

Usufruct: the property could be improved as long as this did not alter its character.

A

D.7.1.13.4

54
Q

Usufruct: a pars dominii?

A

Yes: D.7.1.4

No, an independent right: D.50.16.25

Civil Law I (12 decks)

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