Notes for Introduction to law (LAWS1011A at Wits University).
A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
Roman Private Law
Created @October 3, 2022 2:16 PM
Class
Type
Materials
Reviewed
*Reading:
ownership, servitude and possesion
Jenna wae properties case
Roman Private Law & SA Property Law
Roman Law introduces fundamental concepts that apply to SA Property Law
Law of Things
govern the relationship between a legal subject and a thing (res) - wide meaning
attached to the concept of res
What is a Thing?
refer to physical objects (a table, house, piece of land) that have
economic/monetary value
is a debt a thing? →?
is a family photo a thing? →it depends (if people would pay to get a photo, it is a
thing)
Roman Private Law 1
, The Classification of Things:
1. Corporeal and Incorporeal
res corporales - a corporeal thing is something that can be touched
res incorporales - something that cannot be touched
*only corporeal things can be possessed
2. Public and Private
whether or not things could be owned privately. Importance of ownership. if something
could not be privately owned →limits the ability to have ownership
Could not be privately owned:
res communes → things that belonged to everyone. Everyone’s common use and
enjoyment (Eg: the air)
res publicae → state-owned property
res nullis → things belonging to no one (things belonging to the gods, protected by
the gods, places of the dead etc.)
Some res nullis were capable of private ownership:
wild animals (ferae naturae) and abandoned property (res derelictae)
3. Movables and Immovables
Res immobiles - immovable - Land and anything attached to the land (buildings, trees)
Res mobiles - movables - everything that was not immovable
Roman Private Law 2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Itsreewilson. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R150,00. You're not tied to anything after your purchase.
