1861540
Description
Mind Map by Giulia Di Tullio, updated more than 1 year ago
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Created by Giulia Di Tullio
over 9 years ago
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Res
- in nostro patrimonio/in
commercio
- things that could form
part or the private
estate or assets of an
individual or within the
spheres of trades
- things that could form
part or the private
estate or assets of an
individual or within the
spheres of trades
- extra nostrum patrimonio/
extra commercium
- things that
were not
susceptible to
private
ownershipor
outside the
sphere of trade
- subclassified into things
subject to devine law or
under the protection of
the gods - divini iuris
- things subject to
human law that
accrued to all people
collectively - humani iuris
- things that
were not
susceptible to
private
ownershipor
outside the
sphere of trade
- divini iuris
- things that are
subject to
religious law
- types
- res sacrae
- sacred things
consacrated to
the goda bove
- sacred things
consacrated to
the goda bove
- res religiosae
- dedicated to the
spirits of the
dead
- dedicated to the
spirits of the
dead
- res sanctae
- sanctified
things are
subject to
religious law
- sanctified
things are
subject to
religious law
- res sacrae
- nullius in bonis
- something subject to
religious law belongs to
nobody
- something subject to
religious law belongs to
nobody
- types
- things that are
subject to
religious law
- humani iuris
- things
subject to
secular law
- something subject to
secular law often
belongs to somebody
- types
- res communes
- were not able of being privately
owned included things deemed
common to all mankind, ex air,
water
- were not able of being privately
owned included things deemed
common to all mankind, ex air,
water
- res pubblicae
- things belonging to the
state for use of its citizens
ex roads, harbours
- things belonging to the
state for use of its citizens
ex roads, harbours
- res universitatis
- things belonging to a
particular city for the use
and enjoyment of its
inhabitants ex theatres
- things belonging to a
particular city for the use
and enjoyment of its
inhabitants ex theatres
- res communes
- something subject to
secular law often
belongs to somebody
- things
subject to
secular law
- res corporales
- things that could be
touched or
perceived by the
senses
- res mobiles
- res immobiles
- things that could be
touched or
perceived by the
senses
- res incorporales
- intangible things or
things not capable of
sensory perception that
the law recognized and
protected ex real and
personal rights
- intangible things or
things not capable of
sensory perception that
the law recognized and
protected ex real and
personal rights
- res fungibiles
- things that could usually be
measured, counted or
weighted , later called
replaceable
- things that could usually be
measured, counted or
weighted , later called
replaceable
- res non fungibiles
- specific thing that were
irreplaceable
- specific thing that were
irreplaceable
- res quae usu consumuntur
- things that were consumed by
normal use ex: wine, clothing
- things that were consumed by
normal use ex: wine, clothing
- universitas rerum cohaerentium
- things that could
form a composite unit
ex house
- things that could
form a composite unit
ex house
- universitas
rerum
distantium
- separate objects ex
herd of cattle
- separate objects ex
herd of cattle
- ownership
- was the most complete or
extensive right a person could
hold in respect of a corporal
thing,
- ius utendi- ius fruendi- ius
abutendi - he had the right
to use, enjoy and even abuse
his property
- ius utendi- ius fruendi- ius
abutendi - he had the right
to use, enjoy and even abuse
his property
- forms
- dominium ex iure Quiritium
- namely, civil ownership
- traditional form of ownership, it could
be exercized only by roman citizens or
person vested with the ius commercii
- namely, civil ownership
- in bonis habere
- praetorian or bonitary ownership
- emerged in the late republican age as a
result of the intervention of the praetor
who could grant legal remedies when a
person deserved protection in relation to a
thingwithout being its owner
- praetorian or bonitary ownership
- dominium ex iure Quiritium
- modes of acquisition
- original
- the person acquired the
right of ownership in
respect of a thing without
intervention by or
dependence on another
person
- modes
- usucapio
- the possession and use
of a thing belonging to
another person for a
certain period
converted the possessor
into the owner of that
thing
- purpose: establish legal certainty
by removing doubt in respect of
the right of ownership over a thing
after the appropriate period
- objects: res extra nostrum
patrimonium (res sacrae,
religiosae and sanctae) and res
furtivae
- 2* requirement was
possession: the person
who was to acquire
ownership had to retain
physical control of the
property in question for
an uninterrupted and
prescribed period
- existance of a causa (iusta causa) or a
title (iustus titulus) and the
requirement of good faith (bona
fides) ahere the person who acquired
possession of the property in
question had to honestly believe that
the relevant transaction made him
owner of the property
- the possession and use
of a thing belonging to
another person for a
certain period
converted the possessor
into the owner of that
thing
- occupation
- res nullius:
- taking possession of a thing
belonging to no one but capable
of being in commerciowith the
intention of becoming owner
- taking possession of a thing
belonging to no one but capable
of being in commerciowith the
intention of becoming owner
- res nullius:
- accessio
- occured when separate thing belonging to
different owners were inseparably joined to each
other or merged in such a manner that a new
entity or object was established
- forms
- of immovables to
immovables (alluvio)
- movables to immovables (inaedificatio)
- movables to movables (confusio)
- of immovables to
immovables (alluvio)
- forms
- occured when separate thing belonging to
different owners were inseparably joined to each
other or merged in such a manner that a new
entity or object was established
- usucapio
- the person acquired the
right of ownership in
respect of a thing without
intervention by or
dependence on another
person
- derived
- when a person acquired
ownership of a thing from
another
- mancipatio
- ancient and formal institution of
the ius civile, it was employed to
- transfer ownership of certain
things: res mancipi
- establish other rights ex:
servitudes
- to create marital
power over a
wife: manus
- to compose a
testament:
testamentum per aes et
libram
- transfer ownership of certain
things: res mancipi
- the procedure required the
presence of at least 5 roman
citizens and a 6th person (libripens)
who held a pair of bronze scales.
the transferee grasped the object to
be conveyed (if movable) or a
representation of it (immovable) in
one hand and a piece of bronze in
the other while he formally
declared that the object was his in
accordance with the ancient civil
law (ius Quiritium) and that it had
been purchased "with copper and
scale". he then struck the scales
with the piece of bronze and
handed it to the transferor as a
symbol of the price.
- its a kind of symbolic sale
(imaginary venditio)
- res mancipi
- ancient and formal institution of
the ius civile, it was employed to
- in iure cessio
- res mancipi
- things with respect to which
ownership could be transferred
only in a formal manner by way of
- ager Romanus or
pradeia italica
- lands and buildings
on italian soil
- lands and buildings
on italian soil
- servitutes rusticae
- rustic praedial
servitudes ex water
over land
- rustic praedial
servitudes ex water
over land
- ager Romanus or
pradeia italica
- things with respect to which
ownership could be transferred
only in a formal manner by way of
- its a formal institution of ius civile, this
method of conveyance was used for different
purposes: to transfer ownership over corporeal
property of every kind ; to create and
extinguish praedial servitudes and usufruct
- it assumed the form of a
fictitious trial concerning
an assertion of ownership
(rei vindicatio) before the
praetor (in iure) for the
purpose of a formal
divesting of ownership in
respect of an object by
one person in favor of
another
- it assumed the form of a
fictitious trial concerning
an assertion of ownership
(rei vindicatio) before the
praetor (in iure) for the
purpose of a formal
divesting of ownership in
respect of an object by
one person in favor of
another
- res mancipi
- traditio
- res nec mancipi
- owners could be transferred informally
with simple delivery
- owners could be transferred informally
with simple delivery
- originated from the ius gentium and involved the informal
transfer of the actual control of a corporeal thing on the
grounds of some lawful causa (iusta causa). it could be used to
transfer res nec mancipi. it is the only form recognized in
Justinians law
- traditiones fictae
- traditio corporalis
- traditio longa manu
- when the control of the thing
passed from the traansferor to
the transferee without any tactile
contact with the thing
- when the control of the thing
passed from the traansferor to
the transferee without any tactile
contact with the thing
- traditio brevi manu
- when the intended tranferee already had
physical control of the thing whose
ownership was being transferres but not as
an own
- when the intended tranferee already had
physical control of the thing whose
ownership was being transferres but not as
an own
- constitutum possessorium
- opposite of brevi manu; the person
wishing to alienate a thing remained in
physical control of the thing after the
alienation because of a supplementary
agrreement with the new owner
- opposite of brevi manu; the person
wishing to alienate a thing remained in
physical control of the thing after the
alienation because of a supplementary
agrreement with the new owner
- traditio symbolica
- when a symbol of the thing
whose ownership was being
transferred rather than the
thing itself was delivered
- when a symbol of the thing
whose ownership was being
transferred rather than the
thing itself was delivered
- traditio longa manu
- traditiones fictae
- res nec mancipi
- when a person acquired
ownership of a thing from
another
- original
- protection
- rei vindicatio
- a real action (actio in rem)
derived from the ius civile that
served to protect the civil law
owner
- a real action (actio in rem)
derived from the ius civile that
served to protect the civil law
owner
- actio publiciana
- an actio in rem granted by the
praetor to the person who acquired a
res mancipi in an informal manner by
way of traditio rather than mancipatio
or in iure cessio
- an actio ficitcia as it was based on the fiction that the
bonitary owner had already become a true civil law
owner through the process of usucapio
- when a person received bona fide and ex iusta causa a thing from a non
dominus and was in the process of acquiring ownership of such thing by
means of usucapio, such person should institute the actio publiciana
against any person who had assumed possession of the thing without
having a lawful title
- an actio in rem granted by the
praetor to the person who acquired a
res mancipi in an informal manner by
way of traditio rather than mancipatio
or in iure cessio
- actio negatoria
- instituted by the owner of landed property against any person who,
without challenging the plaintiffs right of ownership, claimed a servitude
or similar right in respect of his land
- instituted by the owner of landed property against any person who,
without challenging the plaintiffs right of ownership, claimed a servitude
or similar right in respect of his land
- rei vindicatio
- limitations
- actio aquae pluviae arcendae
- if a person artificially directed
the flow of rainwater onto the
property of a neighbour, the
latter can demand restoration of
the status quo
- if a person artificially directed
the flow of rainwater onto the
property of a neighbour, the
latter can demand restoration of
the status quo
- cautio damni infecti
- if a structure in a
dilapidated state
threatened to collapse
and cause damage to
the property of a
neighbour, the latter
can request the praetor
to provide security
against possible
damage
- if a structure in a
dilapidated state
threatened to collapse
and cause damage to
the property of a
neighbour, the latter
can request the praetor
to provide security
against possible
damage
- operis novi nuntiatio
- when the owner of a
property started
construction work in a
way that his neighbour
feared possible damage
to his own property
interests, the latter had
the right to demand that
the owner ceased the
work
- when the owner of a
property started
construction work in a
way that his neighbour
feared possible damage
to his own property
interests, the latter had
the right to demand that
the owner ceased the
work
- interdictum quod
vi aut clam
- when a person forcibly or
clandestinly erected a
structure or did some work
on land prejudicating a
neighbour, it could be
instituted against the
builder to compel him to
restore the status quo
- when a person forcibly or
clandestinly erected a
structure or did some work
on land prejudicating a
neighbour, it could be
instituted against the
builder to compel him to
restore the status quo
- actio finium regundorum
- a dispute regarding the boundary between
neighbouring properties could entail one of the
owners institutingthe afr against the other for the
purpose of having the boundary determined
- a dispute regarding the boundary between
neighbouring properties could entail one of the
owners institutingthe afr against the other for the
purpose of having the boundary determined
- actio aquae pluviae arcendae
- joint
- denote ownership of the same
object bu two or more persons
simultaneously
- consortium ercto non cito
- included a community of sui heredes who,
after the death of their pater familias,
became joint owners of his property when
such property remained undevided
- included a community of sui heredes who,
after the death of their pater familias,
became joint owners of his property when
such property remained undevided
- communio pro
indivisio/condominium
- when two or more individuals purchased
or inherited the same property
- when two or more individuals purchased
or inherited the same property
- consortium ercto non cito
- denote ownership of the same
object bu two or more persons
simultaneously
- possessio
- 2 elements
- corpus
- the actual physical control of
a thing
- the actual physical control of
a thing
- animus
- the intention of exercizing
such actual control,
normally as the owner
- the intention of exercizing
such actual control,
normally as the owner
- corpus
- naturalis/detentio
- the possession of persons who,
although they had physical control of
a thing, could not seek the protection
of possessory interdicts; the holder of
the thing did not intend to keep the
thing for himself .
- the possession of persons who,
although they had physical control of
a thing, could not seek the protection
of possessory interdicts; the holder of
the thing did not intend to keep the
thing for himself .
- civilis/p. ad usucapionem
- form of protected
possession that could lead
to full ownership through
usucapio
- requirements: physical
control of the object and
adjust legal titlefor
possession
- form of protected
possession that could lead
to full ownership through
usucapio
- interdicts
- interdicta adipiscendae possessionis
- i. that aimed at obtaining possession
- i. that aimed at obtaining possession
- interdicta retinendae possessionis
- aimed at retaining possession
- aimed at retaining possession
- interdicta recuperandae possessionis
- aimed at regaining possession
- aimed at regaining possession
- interdicta adipiscendae possessionis
- 2 elements
- diritti reali
- praedial servitude
- urban
- ncerned wlizationith
urban uti
- res nec mancipi
- created by cessio in iure
- ncerned wlizationith
urban uti
- rustic
- created by mancipatio
- res mancipi
- created by mancipatio
- peso che grava su un fondo a
vantaggio dell'altro fondo, il
fondo dominante deve trarre
utilità oggettiva dal fondo
servente; le servitù possono
avere un soggetto vario,
l'unica cosa che non può
costituire è di imporre un
comportamento positivo
- urban
- personal servitude
- usufructus
- the right to enjoy the property of others
but to preserve the substance of the same;
use anothers property without taking the
fruits
- the right to enjoy the property of others
but to preserve the substance of the same;
use anothers property without taking the
fruits
- usufructus
- praedial servitude
- was the most complete or
extensive right a person could
hold in respect of a corporal
thing,
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