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Specificatio (Roman Law)
''Specificatio'' is a legal concept adopted from Roman law. It is an original mode of acquisition, since it involves deriving rights over objects that are not subject to pre-existing rights of ownership. This may be compared with the original modes of acquisition, and other derivative modes of acquisition, such as accession. ''Specificatio'' occurs where new property rights are established as a result of some action upon objects – owned by someone else – that results in a change of ''species''. Essentially, this meant the creation of a new thing out of the materials of another. For instance, if one has made wine, oil, or corn out of the grapes, olives, or ears of corn belonging to another.Institutes of Justinian J.2.1.25 Roman law In Roman law, ''specificatio'' referred to the acquisition of a new species arising from a change of species. When was a ''nova species'' created? A ''nova species'' was created when the new thing had a new identity or name. Nicholas rationalis ... [...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] |
The Thinker Close
''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pronoun ''thee'') ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law Legal Terminology
Scots may refer to: People and cultures * Scots language * Scottish people * Scoti, a Latin name for the Gaels Other uses * SCOTS, abbreviation for Royal Regiment of Scotland * Scottish Corpus of Texts and Speech (SCOTS), a linguistic resource * Southern Culture on the Skids (SCOTS), an American rock band * Scot's Lo-Cost, a grocery store owned by Weis Markets See also * Scotch (other) * Scots Church (other) * Scots College (other) * Scott's (other) * Scottish (other) * Scotts (other) * Pound Scots, historical currency * Scots pine ''Pinus sylvestris'', the Scots pine (UK), Scotch pine (US), Baltic pine, or European red pine is a species of tree in the pine family Pinaceae that is native to Eurasia. It can readily be identified by its combination of fairly short, blue-gr ..., a species of tree {{disambig Language and nationality disambiguation pages ... [...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] |
Accessio
''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] |
Civil Code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code (law), commercial code. History The history of Codification (law), codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine Empire, Byzantine emperor Justinian I, forms the basis of Civil law (legal system), civil law legal systems that would rule over Continental Europe. Other codified laws used since ancient times include various texts used in religious law, such as the Manu Smriti, Law of Manu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. Usage in the United States Historical us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes (Justinian)
The ''Institutes'' () is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the ''Institutes'' of Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the '' Digest'', the '' Codex Justinianus'', and the '' Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished by a simple diet, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian I
Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals Gothic War (535–554), conquered the Ostrogothic Kingdom, restoring Dalmatia, Sicily, Italian peninsula, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The Liberius (praetorian prefect), praetorian prefect Liberius reclaimed the south of the Iberian Peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued ... [...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] |
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] |
