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Roman Law Zoink 2024/2025 ;100% complete newest version guide (verified)
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Roman Law Zoink 2024/2025 ;100% complete newest version guide (verified)
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Roman Law Zoink"A legal tie which binds us to the necessity of making some performance in accordance with the
laws of our state" (Justinian 3.13pr). A personal right between two people. - ANS-Obligation
1) acts of God
2) supervening impossibility (e.g. death of the animal) - ANS-In what cases is a borrower not
liable for looking after their commodatum?
1) agreement between parties
2) handing over of the object - ANS-What are the two requirements of a real contract?
1) Arising by conduct
2) Arising by words
3) Arising by writing
4) Arising by agreement - ANS-Four categories of contracts
1) by non-use for 2 years
2) by merger (one person owns both pieces of property)
3) by agreement - ANS-How can a praedial servitude be ended? (3 ways)
1) Capacity to contract
2) Illegal contract
3) Legal but unenforceable contract - ANS-Limitations of contractual obligations
1) dolus
2) culpa lata
3) culpa levis - ANS-Name the three classifications of liability
1) Fraud (exceptio doli)
2) defence that the money had not been paid - ANS-What were the defences available to a
debtor in a literal contract?
1) hand over the property
2) protect against eviction
3) protection against patent defects (that he was aware of) - ANS-Seller's obligations in sale (3)
1) Hire of property
2) Hire of a piece of work
3) Hire of services - ANS-Types of hire (3)
1) iter
, 2) actus
3) via
4) aquaductus - ANS-Name four types of servitudes of access
1) iusta causa
2) a valid form of delivery - ANS-What two things are required in derivative acquisition?
1) literal
2) verbal
3) real
4) consensual - ANS-Four main groups of contracts
1) mutuum
2) commodatum
3) pledge (pignus)
4) deposit - ANS-Name 4 types of real contracts
1) to take ownership
2) to pay the agreed price/perform the agreed obligation - ANS-Buyer's obligations in sale (2)
1) When the person who is the subject of it dies, 2) upon agreement - ANS-How is a personal
servitude finished?
6 - ANS-How many witnesses did mancipatio require?
A contract arising from a formal exchange of words promising some action - ANS-Stipulatio
A distinct, paramount real right - ANS-What is ownership considered to be?
A formal method of transfer used for property. - ANS-Mancipatio
A gratuitous contract involving the transfer of property from the owner to another for
safe-keeping - ANS-Deposit
A loan for consumption - ANS-Mutuum
A loan for use - ANS-Commodatum
A method through which a good faith possessor may obtain ownership of the property,
supposing that they meet the criteria:
1) acquisition must have been in good faith
2) the property must not have been taken from the owner through force or criminal measures
3) it must have been possessed for the requisite period of time
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