The aquisiton of posession Flashcards
What are original and derivative modes of aquiring posession
- Original modes-effected only by person’s actions, without the aid of previous posessor (OCCUPATIO)
- Derivative modes-rely on the assistance of the previous posessor
What does the term LONGA MANU TRADITIO?
Applied to the cases where the aqusiitoon of the posession was conducted without direct physical act of taking control over an object.
What is OCCULIS ET AFFECTU?
if buyer and seller agree on the immmidiate transfer of posession in the presence of the goods, the byer acquires posession withput sirect physcial contract over the object.
Expalin the acquisition of posession by TRADITIO BREVI MANU and by CONSTITUTUM POSSESSORIUM
- Both modes commonly called SOLO ANIMO/ emphesis ;ies on the consensus between the parties.
- BREVI MANU-possessor and detentor agree that the possessor wants to transfer his property to the second one. As the acquirere alredy has the asset because of the previous role as detentor, element of CORPUS is already fulfiled.
- CONSTITUTUM POSSESSORIUM-buyer has neither goods in hand nor acquires immediate posession of them-smb develops animus rem sibi habendi to the things that are not in his possession
In order to acquire possession through the slave the DOMINI has to have the possession of the slave at first. Is taht always the case?
The exception is USUFRUCTUARIUS (usufructuary)-the domini is onle detentor of the usufructuary slaves, but acquires possession of the things that the slave acquires either by his wark or using usufructuarie’s means.
How can DOMINUS express his ANIMUS
- IUSSUM-orders the person in his power to make one particular transaction
- PECULIUM-general authorisation to the person in power to acquire possession in its framework.
What is ANIMO NOSTRO CORPORE ALIENO
Phrase that describes how the DOMINI acquirs possession.
