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Usucapio
''Usucapio'' was a concept in Roman law that dealt with the acquisition of ownership of something through possession. It was subsequently developed as a principle of civil law systems, usucaption. It is similar to the common law concept of adverse possession, or acquiring land prescriptively. Overview Since '' mancipatio'' and ''in iure cessio'' were inherently public modes of acquisition of ownership, ''usucapio'' was the only private method of the ''ius civile''. Ownership of a thing in Roman law was usually protected forever, until a limit of thirty years was introduced in 426 AD on actions by Theodosius – in other words, preventing the owner of a thing getting it back or seeking damages after thirty years. ''Usacapio'' was a form of acquisitive prescription – the passage of time entitled the holder to particular rights of acquisition. This right is a new right, one without reference to any existing rights. ''Usucapio'' assisted two cases: where a thing had bee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucaption
Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession (that is, squatting), the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between '' res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Furtum
''Furtum'' was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when. This meant that the owner did not consent, although Justinian broadened this in at least one case. The law of ''furtum'' protected a variety of property interests, but not land, things without an owner, or types of state or religious things. An owner could commit theft by taking his things back in certain circumstances, as could a borrower or similar user through misuse. The Romans distinguished between "manifest" and "non-manifest" theft based on how close to the scene of the crime the thief was caught, although exactly where the line was, was deb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Relative Title
Relative may refer to: General use *Kinship and family, the principle binding the most basic social units society. If two people are connected by circumstances of birth, they are said to be ''relatives'' Philosophy * Relativism, the concept that points of view have no absolute truth or validity, having only relative, subjective value according to differences in perception and consideration, or relatively, as in the relative value of an object to a person *Relative value (philosophy) Economics * Relative value (economics) Popular culture Film and television * ''Relatively Speaking'' (1965 play), 1965 British play * ''Relatively Speaking'' (game show), late 1980s television game show * ''Everything's Relative'' (episode)#Yu-Gi-Oh! (Yu-Gi-Oh! Duel Monsters), 2000 Japanese anime ''Yu-Gi-Oh! Duel Monsters'' episode *'' Relative Values'', 2000 film based on the play of the same name. *'' It's All Relative'', 2003-4 comedy television series *''Intelligence is Relative'', tag line ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is 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 conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The 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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actio Publiciana
Pronuntiatio was the discipline of delivering speeches in Western classical rhetoric. It is one of the five canons of classical rhetoric (the others being inventio, dispositio, elocutio, and memoria) that concern the crafting and delivery of speeches. In literature the equivalent of ancient ''pronuntiatio'' is the recitation of epics (Aris. Po. 26.2.). As with ''memoria'', the canon that dealt with the memorization of speeches, ''pronuntiatio'' was not extensively written about in Classical texts on rhetoric. Its importance declined even more, once the written word became the focus of rhetoric, although after the eighteenth century it again saw more interest in the works of men such as Gilbert Austin. Rhetoricians laid down guidelines on the use of the voice and gestures (''actio'') in the delivery of oratory. There were instructions on the proper modulation of the voice (volume and pitch), as well as the phrasing, pace, and emphasis of speech. Also covered were the physical a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possessory Interdict
{{unsourced, date=September 2018 In legal usage, Possessory forms several compounds. Conventional meanings :(1) of or pertaining to a possessor; :(2) arising from possession (e.g. possessory interest) or :(3) that is a possessor (e.g. possessory conservator) Compounds *possessory interest, a temporary, qualified property in the things of which the mere possession is delivered to a person. 8 Am J2d Bailm § 71. *possessory action, an action brought to recover possession of property. An action to recover possession of real estate, such as ejectment. An action to recover possession of personal property, such as replevin. In Louisiana, an action to recover the possession of immovable property is called a possessory action. Preston v Zabrisky, 2 La 226, 227. *possessory conservator *possessory judgment, a judgment which establishes the right to possession. In Scots law, a judgment giving a party the right to possession until the question of possession is decided in due course of law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vindicatio
''Rei vindicatio'' 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 term originated in ancient Rome. The plaintiff could also institute an ''actio furti'' (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 ''condictio furtiva'' (a personal action). With the aid of the ''actio legis Aquiliae'' (a personal action), the plaintiff could claim damages from the defendant. ''Rei vindicatio'' was derived from the ius civile, 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 anc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world. Roman society under the Republic was primarily a cultural mix of Latin and Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Roman Pantheon. Its political organization developed, at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by a senate. The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious powe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Praetor
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected ''magistratus'' (magistrate), assigned to discharge various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his ''castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or group of persons uses the real proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes Of Gaius
The ''Institutes'' ( la, Institutiones; from , 'to establish') is a beginners' textbook on Roman private law written around 161 CE by the classical Roman jurist Gaius. The ''Institutes'' are considered to be "by far the most influential elementary-systematic presentation of Roman private law in late antiquity, the Middle Ages and modern times". The content of the textbook was considered to be lost until 1816, when a manuscript of it − probably of the 5th century − was discovered. The ''Institutes'' are divided into four books. The first book considers the legal status of persons (), the second and third deal with property rights ( and ), and the fourth discusses procedural actions (). Discovery and textual history An almost complete version of the ''Institutes'' was discovered by Barthold Georg Niebuhr in 1816 in the form of a palimpsest in Verona (Austrian Empire taly. Niebuhr had just accepted a post as Prussian ambassador to the Papal States, when he was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaius (jurist)
Gaius (; ''fl.'' AD 130–180) was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name (''praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the '' Law of Citations,'' along with Papinian, Ulpian, Modestinus and Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became most important source ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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