Roman Law Exam Review (Římské Právo)

Comprehensive vocabulary flashcards covering the core topics of the 2023/2024 Roman Law curriculum, including ownership, possession, obligations, contracts, delicts, and succession.

Dominium

The older concept of legal mastery over a thing, derived from 'dominus' (master), used from the regal period through the principate.

Proprietas

A later term for ownership from the imperial era, meaning that a thing is exclusively reserved for someone as their 'own'.

Ius possidendi

The part of the ownership triad referring to the right of the owner to physically hold or possess the thing.

Ius utendi and Ius fruendi

The rights to use a thing and to gather its fruits or profits, respectively.

Ius disponendi and Ius abutendi

The rights to legally dispose of a thing (sell, rent, pledge) and the right to consume or destroy it.

Ambitus

A public limitation on ownership requiring a space of 5 feet between buildings in cities.

Condominium

Co-ownership, a situation where one thing is owned by multiple persons who together form a single owner.

Pars pro indiviso

An ideal share or portion of an indivisible whole in a co-ownership relationship.

Accrescence

The principle where the shares of remaining co-owners expand proportionally when one co-owner leaves the relationship.

Rei vindicatio

The primary civil action for the recovery of property, available to a Quiritarian owner who is not currently in possession.

Actio negatoria

A 'negatory' action used by a Quiritarian owner to protect against interference or the unauthorized claiming of a servitude.

Actio Publiciana in rem

A praetorian action based on the fiction that the usucapio period has already passed, used to protect bonitary owners.

Possessio

A factual state of general power over a thing, consisting of physical control and the will to have the thing for oneself.

Animus possidendi

The subjective intention or will to possess a thing as one's own.

Detentio

Also called 'possessio naturalis,' it refers to physical control of a thing without the intention to hold it as one's own (e.g., a tenant or borrower).

Traditio longa manu

Delivery of possession by 'long hand,' such as pointing out land from a distance or handing over keys.

Traditio brevi manu

Delivery of possession by 'short hand,' where a detentor becomes a possessor by acquiring the intent to own.

Constitutum possessorium

A transfer of possession where the original possessor retains the thing as a detentor while the new owner becomes the legal possessor.

Interdictum uti possidentis

A retinent interdict used to protect the factual possession of immovable property against interference.

Usus modernus pandectarum

The 'modern use of the Pandects' (Digest), referring to the 16th-18th century German school aimed at modernizing law based on Roman principles.

Ius commune

The concept of 'common law' based on Roman and canon law that was applicable throughout Europe before modern codifications.

Mancipatio

A formal derivative way to transfer ownership of 'res mancipi' involving 5 witnesses, a scale-holder (libripens), and specific oral formulas.

In iure cessio

A formal way to transfer ownership through a fictitious court case held before a magistrate.

Occupatio

An original way to acquire ownership by taking possession of 'res nullius' (things belonging to no one) like wild animals.

Inventio thesauri

Acquiring ownership of a 'treasure'—valuables hidden so long that the original owner is forgotten—usually split between the finder and the landowner.

Accessio

Acquiring ownership by the permanent joining of two things where the accessory thing becomes part of the principal thing.

Superficies solo cedit

A fundamental principle meaning 'the surface yields to the soil'; whatever is built on land belongs to the landowner.

Specificatio

Acquiring ownership by processing someone else's material to create a new thing (e.g., making wine from someone else's grapes).

Usucapio

Acquiring ownership through continuous possession over a set period (originally 1-2 years), provided specific legal requirements are met.

Res habilis

A requirement for usucapio meaning the thing must be capable of being privately owned (not 'extra commercium' or stolen).

Nemini res sua servit

A rule of servitudes stating 'no one can have a servitude over their own thing'.

Servitus in faciendo consistere nequit

The principle that a servitude cannot consist of an active duty to do something; the owner of the burdened land must only 'endure' or 'refrain'.

Ususfructus

A personal servitude giving the right to use and gather fruits from another's property without changing its substance.

Superficies

The heritable and alienable right to use a building constructed on someone else's land.

Emphyteusis

A long-term, heritable lease of agricultural land typically involving the payment of a fee (canon).

Fiducia

The oldest form of pledge where ownership of a thing was transferred to the creditor with a moral/legal promise to return it upon payment.

Hypotheca

A pledge where the debtor retains possession of the security, and the creditor only gains the right to the thing if the debt is unpaid.

Obligatio

A legal bond (iuris vinculum) that forces a person to provide some performance in accordance with the law of the state.

Dare, Facere, Praestare

The three classical contents of an obligation: to give, to do/not do, and to guarantee or be responsible for.

Solidary obligation

A relationship where one of several debtors must pay the full amount ('in solidum'), which then frees all other co-debtors.

Genus perire non censetur

The principle that 'generic things (like money or oil) do not perish,' meaning a debtor cannot be excused from a generic obligation by accidental loss.

Natural obligation

A debt that exists but is not legally enforceable by action (e.g., debts of a slave or son in power).

Emptio-Venditio

A consensual contract for the sale of a thing in exchange for a price in money (pretium).

Periculum est emptoris

The rule that the risk of accidental loss of the thing sold passes to the buyer as soon as the contract is perfected, even before delivery.

Locatio conductio rei

A contract of hire where one party (locator) provides a thing for use by another (conductor) in exchange for payment (merx).

Mandatum

A contract where one party (mandatary) agrees to perform a service gratuitously for another (mandator).

Societas

A consensual contract where two or more persons agree to combine goods or labor for a common, lawful purpose.

Mutuum

A real contract of a loan for consumption (typically money) where the borrower must return the same amount of the same kind.

Commodatum

A real contract of a loan for use where a specific, non-consumable thing must be returned in its identical form.

Depositum

A contract of deposit where a thing is handed over for safekeeping and must be returned on demand.

Furtum

Theft, defined as the fraudulent handling of a thing or its use/possession for the purpose of gain.

Damnum iniuria datum

Property damage caused wrongfully, governed primarily by the Lex Aquilia.

Iniuria

A delict encompassing intentional physical or verbal insults directed at a person's honor or integrity.

Semel heres, semper heres

The inheritance principle 'once an heir, always an heir,' meaning a person cannot be appointed as an heir for a limited time.

Heres institutio

The 'head and foundation' of a will; the formal naming and appointment of an heir.

Legatum

A formal singular succession where a testator ordains a specific gift to a third party (legatary) at the expense of the heir.

Fideicommissum

An informal request in a will based on trust, asking an heir to perform an act or give something to another person.

Falcidian Quarter

A legal rule (Lex Falcidia) ensuring that at least one-quarter of the net estate remains with the heir after all legacies are paid.

Litiscontestatio

The formal point in a lawsuit (end of the 'in iure' phase) that fixes the claim, creates a new legal obligation, and prevents the case from being brought again (ne bis in idem).

Status libertatis, civitatis, familiae

The three statuses determining a person's legal capacity: being free, being a citizen, and position within the family.

Pater familias

The head of the family, the only person 'sui iuris' (independent), who holds 'patria potestas' over family members and property.

Capitis deminutio maxima

The 'maximum loss of status' occurring when a Roman citizen loses their freedom and becomes a slave.

Nasciturus

A child conceived but not yet born, who is treated as already born for matters concerning its legal advantage (e.g., inheritance).