Res Mancipi
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''Res mancipi'' was one of the categories of
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
in
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 den ...
. The other was ''res nec mancipi''. Romans viewed ''res mancipi'' as that property of particular importance to them, at least in early
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
.
Gaius Gaius, sometimes spelled Caius, was a common Latin praenomen; see Gaius (praenomen). People * Gaius (biblical figure) (1st century AD) *Gaius (jurist) (), Roman jurist * Gaius Acilius * Gaius Antonius * Gaius Antonius Hybrida * Gaius Asinius Gal ...
(
Institutes An institute is an organizational body created for a certain purpose. They are often research organisations ( research institutes) created to do research on specific topics, or can also be a professional body. In some countries, 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 Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, 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 In Roman law, ''mancipatio'' (f. Latin ''manus'', "hand"; and ''capere'', "to take hold of") was a solemn verbal contract by which the ownership of certain types of goods ('' res mancipi'') was transferred. ''Mancipatio'' was also the legal proced ...
'' ceremony, or '' in iure cessio''. The distinction between ''res mancipi'' and ''res nec mancipi'' was formally abolished by
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 ...
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 Justinian I. It is also sometimes referred ...
.


References

Roman law {{AncientRome-law-stub