Usucapio

Question 1

Under which circumstances is bonitarian ownership acquired?

Answer 1

Bonitarian ownership is acquired in the cases, where no civil law ownrship can be aquired. For example in the cases where RES MANCIPI were tranfered by means other than MANCIOATIO or IURE CESSIO.

Question 2

What claim does bonitarian owner have?

Answer 2

ACTIO PUBLICANA

Question 3

Which legal defects can be remeded by usucapion?

Answer 3

USUCAPIO helps to acquire ownership in the cases where otehr emans have been failed. There are 3 situations wheer one can aquire ownehsip on this way

1. failed conveyance due to the deficiency of the form
2. legal deficiency related to the transferor
3. dormant inheritence (USUCAPIO PRO HEREDE)

Question 4

All bonitarian owners are usucapients. Why are not all the usucapients the bonitarian owners?

Answer 4

In teh cases of usucaption because fo the legal deficiency realted to the tranferor, usucaption separates the possession and ownership by allowing the possessot who acquired possession on the giid faith to acquire owership after certain period of time. In this cases possessor is only usucapient.

Question 5

Which things cannot be usucapted

Answer 5

Things that can be usucapted called RES HABILIS. Tehre are 2 categories of things that are excluded from the USUCAPIO:
1. RES PUBLICAE- objects of public sphere

2. RES FURTIVAE-stolen goods

Question 6

What is IUSTA CAUSA USUCAPIONIS?

Answer 6

One of the acquireemnts of the aquiring of the ownership by USUCAPTION is legal title. In this sence IUSAT CAUSA USUCAPIONIS is equivalent to the iusta causa TRADTIONIS of derivative acquisition.

Question 7

What is putative title?

Answer 7

It’s apparent CAUSA-teh good faith of the acquirer who mistakenly beliaves in the existence of a valid CAUSA filfuls the requirements for usucaption.