Law of Property

What governs relations between people and things in Roman law?

Law of property (ius rerum)

What are the types of proprietary interests in Roman law?

Ownership (dominium), limited real rights (servitutes, emphyteusis, superficies), and possession (possessio)

What are the two types of interests discussed in Roman property law?

Legal interests and factual interests

What differentiates res divini iuris from res humani iuris?

Divine things vs. human things

What is an example of corporeal property?

Tangible items like land, slaves, and animals

What is an example of incorporeal property?

Intangible rights like servitudes and inheritance rights

What are res communes?

Common goods like air, sea, and running water

What are res publicae?

Things owned by the state, such as roads and rivers

What does res universitatis refer to?

Property owned by municipalities, like theatres and baths

What is the significance of res mancipi and res nec mancipi?

Early distinctions in property that were later abolished by Justinian

What is the definition of dominium?

Full legal control over a thing, protected by vindicatio

Who could own property according to Roman law?

Only Roman citizens could own property (dominium ex iure Quiritium)

What are valid methods of acquiring property in Roman law?

Mancipatio, cessio in iure, traditio, etc.

What are statutory limits on property ownership?

Public law and neighbours’ rights, such as light and view

Define servitudes in Roman property law.

A real right allowing the use of another’s property (the servient thing)

What are the types of servitudes?

Praedial, rustic, urban, and personal rights

What is emphyteusis?

A perpetual lease of land from the State or city for rent with near-ownership rights.

What is superficies?

The right to build on another’s land while the owner retains land ownership.

What is the definition of possession (possessio)?

Factual control (corpus) + intent to possess (animus)

How could possession lead to ownership in Roman law?

Through usucapio (prescription)

Who could possess property in Roman law?

Owners, potential owners, or even thieves (without ownership)

What are possessory interdicts?

Legal protections for possession in cases of dispute

What was the purpose of usucapio in Roman property law?

Acquisition of ownership through long possession and good faith

What is the legacy of Roman dominium in modern law?

It serves as a model for modern civil-law property rights.

How did servitutes evolve in modern law?

They evolved into modern easements.

What did Justinian do for property law?

He codified the principles of Roman property law, shaping European law.

What is the modern equivalent of possessio and usucapio?

Modern adverse possession.

What does the ownership role in Roman law suggest?

Ownership is both a right and a social duty.

What foundational impact did Roman property law have?

It created the foundation for civil-law systems worldwide.

What type of rights did servitutes reflect in Roman law?

A balance between individual interests and community interests.

How can possession change in the context of property disputes?

Through protections offered by possessory interdicts.

What is an essential aspect of co-ownership as a limit on ownership?

It is a voluntary limit affecting individual property rights.