Exam (elaborations)
Roman Law - Concepts of Ownership (1)
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Roman Law - Concepts of Ownership (1)
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Roman Law - Concepts of Ownershipan action for claiming ownership of property
If it appears that the property on which there is suit belongs to [the claimant] [...], and the
property be not restored to [the claimant] at the award of the iudex, condemn [the defendant] to
[the claimant] for as much money as the property will be worth. Otherwise, absolve [the
defendant]. - ANS-Vindicatio
Could not be dominus until
212 AD praetor granted actions that mirrored the effect of dominium
Fiction allowed them to bring vindicatio - ANS-Peregrine ownership
Peregrine land
Rights given by state and assignable by traditio:
- agri stipendiarii (land belonging to Roman people)
- agri tributarii (land that belonged to Emperor) - ANS-Provincial land
Property that the dominus assigns to someone in his power to manage.
did not carry with it a right to vindicate property, and could only be managed subject to paternal
authorisation - ANS-Peculiam
property which a filiusfamilias acquired in the course of military service:
'father cannot take away a dependent son's acquisitions gained on active service' (J.2.12.pr)
Right to bring vindicatio
Followed son where emancipated or given for adoption
"if they die intestate, survived by neither children nor brothers, it will go to the head of the family'
(J.2.12.pr)
filiusfamilias could also free slaves within his peculium castrense and enjoy rights of patronage
over them - ANS-Peculium castrense of a filiusfamilias
Constantine (around 330AD) introduced.
Gives filiusfamilias greater rights over property he acquired in the course of public office. -
ANS-Peculiam quasi-castrense
Detentor control but not legal protection
Possessor - protected by possessory interdicts
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