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Res Derelictae
In Roman law, ''res derelictae'' referred to property voluntarily abandoned by the owner. The dominant strand of legal thought under the Roman Empire held it to be a form of ''res nullius'', or "un-owned" property, but it was necessary to establish that it had been voluntarily abandoned. The opposite was ''res mancipi'', or "owned" property. See also * Res communis * Sicaricon ''Sicaricon'' (), (now obsolete), refers in Jewish law to a former act and counter-measure meant to deal effectively with religious persecution against Jews in which the Roman government had permitted its own citizens to seize the property of ... References Roman law {{AncientRome-law-stub ... [...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] |
Res Nullius
''Res nullius'' is a term of Roman law meaning "things belonging to no one"; that is, property not yet the object of rights of any specific subject. A person can assume ownership of ''res nullius'' simply by taking possession of it ''( occupatio)''. However, in ancient Rome, certain forms of ''res nullius'' could never be owned ('' res extra commercium'') because they were considered to belong either in common to all or to the divine rather than human ''dominium''. The use of ''res nullius'' as a legal concept continues in modern civil legal systems. Examples of ''res nullius'' are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of ''occupatio'' (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest laws, and game laws have spec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Mancipi
''Res mancipi'' was one of the categories of property in Roman law. The other was ''res nec mancipi''. Romans viewed ''res mancipi'' as that property of particular importance to them, at least in early Rome. Gaius (Institutes 2.14a - 2.22) explains the difference between the two categories of property by giving example of what constitutes ''res mancipi'' and ''res nec mancipi''. He tells us that lands and houses on Italic soil, beasts of burden, slaves, and rustic and praedial servitudes are all ''res mancipi''. Gaius goes on to say that ''res mancipi'' may only be conveyed formally, that is either by the ''mancipatio'' ceremony, or '' in iure cessio''. The distinction between ''res mancipi'' and ''res nec mancipi'' was formally abolished by Justinian in Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Communis
''Res communis'' is a concept or doctrine. The expression is a Latin language, Latin term derived from Roman law that preceded today's concepts of the commons and common heritage of mankind. It has relevance in international law and common law. In the 6th century, the ''Institutes (Justinian), Institutes'' of Justinian codified the relevant Roman law as: "By the law of nature these things are common to mankind – the air, running water, the sea, and consequently the shores of the sea." ''Res communis'' has gained new currency in environmental law, in terms of managing natural resources. The key concept is that the state is the trustee of communal natural resources and cannot alienate them into private ownership. Examples are Lake Michigan, Victoria Harbour in Hong Kong and Sydney Harbour. Biological examples of ''res communis'' include fish and mammals in international waters, high seas. Rules for use of the continent Antarctic Treaty System, Antarctica were based on ''res comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sicaricon
''Sicaricon'' (), (now obsolete), refers in Jewish law to a former act and counter-measure meant to deal effectively with religious persecution against Jews in which the Roman government had permitted its own citizens to seize the property of Jewish landowners who were either absent or killed in war, or taken captive,''The Mishnah'' (ed. Herbert Danby), Oxford University Press: Oxford 1977, s.v. ''Gittin'' 5:6, p. 313 (note 6) or else where Roman citizens had received property ( real estate) that had been confiscated by the state in the laws prescribed under ''ager publicus'', and to which the original Jewish owners of such property had not incurred any legal debt or fine, but had simply been the victims of war and the illegal, governmental expropriation of such lands from their rightful owners or heirs. The original Jewish law, made at some time after the First Jewish-Roman War with Vespasian and his son Titus, saw additional amendments by later rabbinic courts, all of which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
