Prawo Rzeczowe (Property Law)

Vocabulary flashcards about Roman property law, covering key terms and concepts from the lecture notes.

Res Corporales

Things that can be touched, such as land, slaves, gold, and silver.

Res Incorporales

Intangible things that cannot be touched, such as usufruct, obligations, and inheritance.

Res Mancipi

Things of particular value to Romans, including Italic land, slaves, certain rural servitudes, and draft animals.

Res Nec Mancipi

All things that are not Res Mancipi, such as money, household goods, and other animals.

Res In Patrimonio

Things allowed in economic circulation and could be in private property.

Res Extra Patrimonium

Things excluded from private property and legal commerce.

Res Divini Iuris

Things excluded based on divine law, including things sacred to religious worship.

Res Religiosae

Things dedicated to the cult of the dead.

Res Sancte

Things placed under the special protection of the gods, like the walls and gates of Rome.

Res Humani Iuris

Things excluded based on human law, such as public property.

Res Publicae

Things belonging to the state, such as public baths and stadiums.

Res Omnium Communes

Things for common use, like air and water.

Res Immobiles

Immovable property, such as land and anything permanently attached to it, like buildings.

Res Mobiles

Movable property, such as slaves.

Species

Thing identified by individual characteristics, unique to them.

Genus

Things belonging to a given kind or category, which can be measured, counted, and weighed.

Res Podzielne (Divisible)

Things that can be divided into physical parts without diminishing their essence and value.

Partes Pro Diviso

Things which could be divided into physical parts without detriment to their substance and value.

Res Niepodzielne (Indivisible)

Things that cannot be divided into physical parts without diminishing their essence and value.

Rzeczy Złożone (Complex)

Things comprised of several individual items permanently joined together into a single whole.

Rzecz Zbiorowa (Collective)

A collection of several things (single or complex) designated by a common name, serving the same economic purpose as a whole.

Rzeczy Pojedyncze (Individual)

Things that were a certain whole, in which separate parts could not be distinguished.

Fructus Naturales (Natural Fruits)

Income derived periodically from a thing, resulting from economic interaction with that thing, e.g., crops, fruits, wool.

Fructus Civiles (Civil Fruits)

Income derived periodically from a thing based on a legal relationship, e.g., rent from a lease.

Dominium (Proprietas)

Ownership; Unlimited right of ownership in its own thing

Iure in re aliena

Limited real rights in another's property.

Servitutes Personarum

Personal servitudes, such as use, usufruct and right of accommodation

Servitutes Praediorum

Predial servitudes; Rural servitudes and urban servitudes

Servitutes Praediorum Rusticorum

Rural land servitudes

Servitutes Praediorum Urbanorum

Urban land servitudes

Fiducia

Pawnshop/Trustee Lien

Pignus

Right of Pledge

Hypotheca

Right of Agreement

Emphyteusa

Everlasting Lease, Right to lease property perpetually.

Superficies

Law of Surface

Possessio

Possession is the actual authority of a person over a thing with the intention of keeping it for himself.

Corpus

External component; physical control over the thing

Animus

Internal component; will or intention to keep the thing as one's own.

Detentio

Detention is actual authority in which there is only 'corpus' (physical control).

Corpore et Animo

factual authority exercised physically (corpore) and with a specific intention (animo)

Possesio naturalis (detentio)

factual authority held corpore, but without its influences either in civil law or from the praetor.

Possessio ad interdicta

possessors in their own name (suo nomine), with the will to hold things for themselves.

Quasi possessio

possession of right (iuris possessio)

Possessio iusta

possession lawful, legal

Possessio iniusta

possession is unlawful, illegal

Possessio bonae fidei

Possession in good faith/well-meaning

Possessio malae fidei

Possession in bad faith/ill-meaning

Possessio vitiose

Possession with defects

traditio brevi manu

transfer of property to the holder, just by agreement between the parties

constitutum possessorium

transfer of ownership under the agreement with purchaser that the current owner will remain

Interdicta

The interdicts were a tool for protection.

Interdicta retinendae possesionis

These are interdicts to maintain.

Interdykt uti possidetis

This interdict concerned the possession of real estate-land and buildings.

Interdykt utrubi

This interdict referred to movable property, especially to slaves, who could often pass from hand to hand.

Interdicta recuperandae possessionis

They served to recover clearly lost possession.

Actiones in rem

The property was in rem.

WŁASNOŚĆ KWIRYTARNA

Quirites ownership, recognized and protected by civil law.

WŁASNOŚĆ BONITARNA

Bonitary ownership, recognized and protected by pretestator law (praetor).

QUASI-WŁASNOŚĆ GRUNTÓW PROWINCJONALNYCH

Ownership of provincial Land, acquired in the course of Roman expansion.

WŁASNOŚĆ PEREGRYNÓW

Possession of strangers, was 'singled' protection under the laws of the peregrines as well as Roman magristrates.

WŁASNOŚĆ

Legal control of persons over things; unlimited right to one's own thing.

ius possidendi

The right to have one's own thing

ius utendi

The right to use one's own thing

ius abutendi

The right to use up one's own thing

ius fruendi

The right to take profits.

ius disponendi

The right to dispose of one's own thing.

communio pro indiviso

Co-ownership

MANCYPACJA

Mancipation, originally a formal act of purchase and sale.

IN IURE CESSIO

Transfer by court/surrender

TRADITIO

transfer of ownership

ZASIEDZENIE

Acquisition of ownership as a result of continuous possession for a period specified by law.

Usucapio

It was the possession under the old ius civile, a means of acquiring quiritar ownership only available to citizens.

Longissimi temporis praescriptio

In Justinian's time it was extraordinary prescription

ZAWŁASZCZENIE

Occupatio is the oldest method of acquiring ownership. .

POŁĄCZENIE RZECZY

accessio cedit principali

Specificatio

Conversion The raw material is turned into something else.

NABYCIE POŻYTKÓW

Acquisition of Usufructs

Protect the right of ownership of real estate

Ownership actions against the neighborhood.

rei vindicatio

vindication action

actio negatoria

Negatory action

guaranteed by appropriate interdicts

The possessory interdicts

actio Publiciana

The Publician action.

actiones in rem

Actions in action is good for everyone.

servitutes praediorum rusticorum

Rural servitude

servitutes praediorum urbanorum

Urban servitude

iter

Right of way by foot or horse

actus

right to drive cattle and ride a wagon.

via

iter and actus

aquaeductus

the right to conduct water through someone else's land

aquae haustus

Right to draw water.

oneris ferendi

Right up the building to the wall of a neighbor

tigni immittendi

the right to put a beam in a neighbor's building

stillicidi

sewerage and eaves rights

altius non tollendi

building height restriction

Służebności osobiste

personal servitude

usus

the right to use someone else's property

habitatio

‘the right to live’ without the right to collect usurfruct

operae servorum et animalium

the right to use someone else's slaves and animals

servitus in faciendo consistere nequit

ʻservitude cannot consist in action’

servitus servitutis esse non potest

ʻthere can be no servitude on servitude’