Transfer of ownership

Question 1

Expalin the terms “quirite (civil-law)” and “bonitarian” ownership

Answer 1

1. quirite (civil-law) ownership-specifically for Roman citizens (Quirites). This ownership granted the holder full and complete rights to property recognized by Roman law. Is asserted by means of REI VINDICATIO
2. bonitarian ownership-protection granted to tranferee, that has required RES MANCIPI through TRADITIO; asserted by means of an ACTIO PUBLICANA

Question 2

How is MANCIPATIO performed, prerequisites?

Answer 2

1. It’s a formal abstarct act of conveyance especially designed for the RES MANCIPI.
2. Tranferee takes hold of the res mancioi, claim ownership by repeating formualm strike the scales with a coin. Transferor stays silent.
3. prerequisites: vendor’s civil-law ownership; succesful completion of the formal act

Question 3

Performance of IN IURE CESSIO

Answer 3

1. similar to MANCIPATIO-> abstract and derivative act of conveyance
2. Both parties appier befor the praetor-> acquirer claims the property his ownership->vendor remains silent->the prateror adjudges ownership of the property to the aquirer->ADDICTIO
3. can be also used for REI NEC MANCIPI

Question 4

What are the requirements for the aquisition of ownership by TRADITIO? Elements of posession that TRADITIO involve

Answer 4

1. 1 Authorisation- tranferor must have ownership or at least right of disposal.
   1.2 Transfer of possession by vendor. Can be done by means of BREVU MANU and CONSTITUTUM POSSESSORIUM->both based on the consensus between the parties->ANIMUS is of greater importance.
   1.3 Title-IUSTA CAUSA

Question 5

What heppens when trnsferee gets RES MANCIPI by means of TRADITIO rathen then MANCIPATIO ( or IN IURE CESSIO)?

Answer 5

1. The transferee can only get quirie ownership after the period for usucaption has elapsed.
2. Praetor can grant protection->bonotarian owner.

Question 6

What is CAUSA SOLVENDI?

Answer 6

when two parties have a joint purpose of fulfilment of obligation it in itself constitutes a legal cause

Question 7

Transfering ownership according to the Franch law?

Answer 7

1. ownership is transferred as soon as the owner enters into an obligatiob towards the acquirer->valid contract of sale.
2. ownership passes when the parties reach consensus about the contract->principle of consensus
3. synchronises the creation of obligations and the passing of ownership
4. mere consensus

Question 8

Transfer of ownership in German BGB?

Answer 8

1. abstract conveyance->pricniple of abstraction->CAUSA is not important
2. differentiets between creation of obligation and conveyance of rights in rem->principle of separation

Question 9

Transfer of ownership in ABGB?

Answer 9

1. principle of casual conveyance->require both valid title (IUSTA CAUSA) and conveyance (TRADITIO)
2. movables effected by physical handover/declaration