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Accessio (Roman Law)
''Accessio'' is a concept from Roman property law for acquiring ownership of property (the accessory) which is ''merged'', or ''acceded to'', another piece of property (the principal). Generally, the owner of the principal, whatever it may be, also became the owner of the accessory. Its usage continues in modern times in legal systems around the world incorporating Roman property law, primarily civilian legal systems. ''Accessio'' was not a specific rule of original acquisition of property in itself; instead, it served as the principle underlying the modes of acquisition that had their own particular guidelines for determination of ownership. Roman accession ''Accession'' might also be (from Latin ''accedere'', to go to, approach), in law, a method of acquiring property adopted from Roman law, by which, in things that have a close connection with or dependence on one another, the property of the principal draws after it the property of the accessory, according to the principle, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possession (law)
In law, possession is the exercise of dominion by a person over property to the exclusion of others. To possess something, a person must have an intention to possess it and an apparent purpose to assert control over it. A person may be in possession of some piece of property without being its owner. The possession of property is commonly regulated under the property law of a jurisdiction. Intention to possess An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In common law countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances. It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accession (property Law)
Accession in property law is a mode of acquiring property that involves the addition of value to the property through labour or the addition of new materials. For example, a person who owns a property on a river delta also takes ownership of any additional land that builds up along the riverbank due to natural deposits or man-made deposits. In commercial law, accession includes goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.American Law Institute, U.C.C. Article 9, § 102(a)(2) (2007). In English common law, the added value belongs to the original property's owner. For example, if the buyer of a car has parts added or replaced and the buyer then fails to make scheduled payments and the car is repossessed, the buyer has no right to the new parts because they have become a part of the whole car. In modern common law, if the property owner allows the accession through bad faith, the adder of value is entitled to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accession (Scots Law)
Accession (Latin ''accessio'') is a method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable. Accession derives from the Roman-law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' (1876) 3 R (HL) 16. A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (''nova species'') in itself, such as with '' specificatio''; accession merely attaches one object (the accessory) to another (the principal). Types of accession There are broadly two types ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary management relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Casuistry
Casuistry ( ) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. This method occurs in applied ethics and jurisprudence. The term is also used pejoratively to criticise the use of clever but unsound reasoning, especially in relation to ethical questions (as in sophistry). It has been defined as follows: Study of cases of conscience and a method of solving conflicts of obligations by applying general principles of ethics, religion, and moral theology to particular and concrete cases of human conduct. This frequently demands an extensive knowledge of natural law and equity, civil law, ecclesiastical precepts, and an exceptional skill in interpreting these various norms of conduct.... It remains a common method in applied ethics. Etymology According to the Online Etymological Dictionary, the term and its agent noun "casuist", appearing from about 1600, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Economic Value
In economics, economic value is a measure of the benefit provided by a goods, good or service (economics), service to an Agent (economics), economic agent, and value for money represents an assessment of whether financial or other resources are being used effectively in order to secure such benefit. Economic value is generally measured through units of currency, and the interpretation is therefore "what is the maximum amount of money a person is willing and able to pay for a good or service?” Value for money is often expressed in comparative terms, such as "better", or "best value for money", but may also be expressed in absolute terms, such as where a deal does, or does not, offer value for money. Among the competing schools of economic theory there are differing Theory of value (economics), theories of value. Economic value is ''not'' the same as Price, market price, nor is economic value the same thing as market value. If a consumer is willing to buy a good, it implies tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Avulsion (river)
In sedimentary geology and fluvial geomorphology, avulsion is the rapid abandonment of a river channel and the formation of a new river channel. Avulsions occur as a result of channel slopes that are much less steep than the slope that the river could travel if it took a new course. Deltaic and net-depositional settings Avulsions are common in river deltas, where sediment deposits as the river enters the ocean and channel gradients are typically very small. This process is also known as delta switching. Deposition from the river results in the formation of an individual deltaic lobe that pushes out into the sea. An example of a deltaic lobe is the bird's-foot delta of the Mississippi River, pictured at right with its sediment plumes. As the deltaic lobe advances, the slope of the river channel becomes lower, as the river channel is longer but has the same change in elevation. As the slope of the river channel decreases, it becomes unstable for two reasons. First, water under t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alluvion
Alluvion, is a Roman law method of acquisition of heritable property (land). The typical cause is sediment (alluvium) deposited by a river. This sediment, legally termed ''the accessory, accreses'' (i.e., merges with) a piece of land, the principal (operating a subtype of the Roman mode of acquisition by accession) and thus accedes to the ownership of the principal land over time. It continues to have relevance in the modern age from adopting Roman property law by modern legal systems, primarily civil law jurisdictions. Scots law is a notable example of the usage of alluvion within the law of accession (accesio). Public international law also recognises the acquisition of sovereignty of virgin territory by operation of nature, such as sediment deposits, again following the Roman law principles of alluvion. See also *Alluvial fan *Alluvial plain An alluvial plain is a plain (an essentially flat landform) created by the deposition of sediment over a long period by one or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Warwick Buckland
William Warwick Buckland, FBA (11 June 1859 – 16 January 1946) was a scholar of Roman law, Regius Professor of Civil Law at the University of Cambridge from 1914 to 1945. Life William Warwick Buckland was educated in France, at Hurstpierpoint College and the Crystal Palace School of Engineering. He entered Gonville and Caius College, Cambridge in 1881, graduating in 1884 with a first in the Law Tripos. Elected a Fellow of Caius, he remained a Cambridge academic for the remainder of his life. In 1920 he became a Fellow of the British Academy. He received honorary degrees from the universities of Oxford, Edinburgh (1922), Harvard (1929), Lyon, Louvain and Paris Paris () is the Capital city, capital and List of communes in France with over 20,000 inhabitants, largest city of France. With an estimated population of 2,048,472 residents in January 2025 in an area of more than , Paris is the List of ci .... Among his best-known works on Roman law is ''A Textbook of Roman L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rei Vindicatio
In law, () is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. (reprinted in 1991) The plaintiff could also institute an (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the (a personal action). With the aid of the (a personal action), the plaintiff could claim damages from the defendant. The term originated in ancient Roman law. It was derived from the , and therefore was available only to Roman citizens. Specification of the thing The function of ''rei vindicatio'' remains the same in most modern legal systems as it was in ancient Rome. However, Roman law was much more particular about the specification of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
