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Roman Law - Law of Property ; Questions & 100% Verified Correct Answers with complete solutions (Latest updates) 2024/2025 - Study guides, Class notes & Summaries Looking for the best study guides, study notes and summaries ? On this page you'll find study Guide documents about ROMAN LAW Exam.
Roman Law - Law of Property
- 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
- 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
- mancipatio
- in jure cessio
- lege
- adjudicatio (judicial award)
- litis aestimatio (estimate of liability)
- donatio
- usucapio - ANS-Indicate 7 ways of acquiring ownership under jus civile
- 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
, - res nullius: things not susceptible to private ownership, especially sacred, religious and
sanctioned things. It also included things that although susceptible to ownership, are
currently not owned, such as wild animals
- res mancipi + res nec mancipi: res mancipi were things that could be transferred by
mancipatio, while res nec mancipi were things that could not be transferred by mancipatio
- res quae usu consumatur: fungible material, things that could be consumed or worn out by
regular use such as money. (res quae NON usu consumatur couldn't be consumed, eg. a plot of
land) - ANS-Define res nullius, res mancipi and res nec mancipi, and res quae usu consumatur.
Give examples
- res sanctae (sanctioned) : things under the protection of gods, crucial to the safety of Rome
eg. city walls and gates
- res sacrae (sacred) : things dedicated to the service of the gods, eg. temples and altars
- res religiose (religious) : reference to sacred ground, eg. graves - ANS-Distinguish between
res sanctae, res sacrae and res religiose
- 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
- the thing being transferred must be a corporeal thing which admits of delivery
- transferor must be competent to give and the transferee to acquire ownership
- transferor must intend to convey and the transferee must intend to acquire the thing being
transferred
- transferor cannot give that which he does not have
- there must be physical transfer of possession or something which in law is equivalent -
ANS-What are the essential conditions of tradition?
1. duty not to alter the building
2. duty to give security to the owner
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