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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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucaption
Usucaption (), 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, the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. History 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 an informal conveyance whic ... [...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 de ... [...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] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...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 of 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 f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
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] |
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 aspe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Possessory Interdict
{{dicdef, date=April 2023 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. *pos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Republic
The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire following the War of Actium. During this period, Rome's control expanded from the city's immediate surroundings to hegemony over the entire Mediterranean Sea, Mediterranean world. Roman society at the time was primarily a cultural mix of Latins (Italic tribe), Latin and Etruscan civilization, Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Ancient Roman religion and List of Roman deities, its pantheon. Its political organisation developed at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by Roman Senate, a senate. There were annual elections, but the republican system was an elective olig ... [...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 itself: 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. The minimum age for holding the praetorship was 39 during the Roman Republic, but it was later changed to 30 in the early Empire. History of the title The status of the ''pra ... [...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'', as in usage of or access to) is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', as in the fruits of production) 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
