Exam (elaborations)
Roman Law - Law of Property (1).
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Roman Law - Law of Property (1).
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Roman Law - Law of Property- By death, both physical and juridical
- By confusion (merger) where the same person is the owner of both properties [no one can
have a servitude over his own land]
- By surrender or renunciation (effected by in jure cessio or by simple agreement)
- By non-usage for a statutory period (statutory period being the same as that required for
acquisition)
- The impossibility to take benefits - ANS-5 ways in which a servitude could be extinguished
under Roman law
Rights over immovables - ANS-What is meant by praedial servitudes?
- Rural / Rustic (servitudes praedorium rusticorum)
Generally rights over lands eg. the right to lead water over another's land [aquaeductus]
- Urban (servitudes praedorium urbanorum)
Generally rights over things erected on land eg. right to access of light - ANS-2 types of praedial
servitudes - give an example of each
A servitude was said to exist where a person possessed the rights in rem over the property of
another person. - ANS-Define the term servitudes
- Praedial (real) servitudes are comprised of such rights including easements and profits
- Personal servitudes bear more resemblance to a life interest in immovable or movable
property. - ANS-Differentiate between personal and praedial servitudes
- Affirmative (jus facendi) is where the owner of the servient tenement was obliged to allow the
performance of certain rights by the dominant tenement.
- Negative (jus prohibendi) is where the owner of the servient was obliged to refrain from
performing certain acts, like increasing the height of a house - ANS-Differentiate between
affirmative and negative servitudes
Real servitudes were held by virtue of the ownership of a house or land. Real servitudes were
either rustic or urban, the principle rustic ones being iter, actus, via and aquaeductus.
, Personal servitudes did not depend on such ownership. The most important personal servitudes
were usufructus, usus, operae servorum, and habitatio. - ANS-Both personal and real (praedial)
servitudes have something in common. Explain
The personal servitude of usus is a right of less extent than usufruct, and of less frequent
occurrence. This right is limited to the personal wants of the usuarius and his family. The
usuarius had to share with the owner the expense of repairs to the property, and he could not
modify the character of the property - ANS-Explain the personal servitude of usus
The right to use and enjoy the fruits of another man's property, provided that its substance
remained unimpaired - ANS-Define the personal servitude of usufructus
1. duty not to alter the building
2. duty to give security to the owner
3. duty to promise the owner that the property will be restored when the usufruct ended - ANS-3
duties of a usufructuary
The right to use the house of another. Justinian pronounced it to be distinct from usufruct and
usus. - ANS-Define the personal servitude of habitatio
The right to use the services of slaves, scarcely distinguishable from usus - ANS-Define the
personal servitude of operae servorum
Possession is not the same as ownership. Possession implies physical control and the
exclusion of adverse possessors.
You may own something without possessing it, and you may possess something without owning
it. There are two levels of possession, the physical and the mental possession: corpus and
animus - ANS-Explain the concept of possession (mention 2 levels of possession)
The owner of property might not be in possession of it. One may have legal possession of
property, while another has its ownership, e.g. tenants.
To have mere physical control in possession was described as detentio, or naturalis possessio.
It conferred no rights on the possessor.
Possessio was detentio accompanied by the intention to deal with the property as if one owned
it - ANS-Distinguish between possessio and detentio
- res sanctae (sanctioned) : things under the protection of gods, crucial to the safety of Rome
eg. city walls and gates
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