Civil Law Definitions etc.

Jurists

Class of legal experts, wrote extensively on RL. During the “Classical” period.

Corpus Iuris Civilis + Digest

CIC: Compliation of legal materials. Digest = legal textbook

Legal Status

Division of free persons and slaves

Peculium

Monetary fund given to slaves / sons in power. Allowed to treat as their own

Property Rights

Can be divded into real rights and personal rights

Real Property Right

a right in an item of property, and can be enforced against anyone interfering with that property

Personal Property Right

enforceable against a particular person/s - linked to law of obligations

res mancipi

Property that required formal conveyance - transferee would become bonitary owner

Praedial Servitudes

held by owner of one area of land to make some specified use of a neighbour’s land. A real right, therefore bound subsequent owner of serviant (neighbour’s) land.

Usufruct

most important of real rights (personal servitudes). entitled the holder the use and enjoyment of property. entitled to the fruits of the property, but could not diminish its substance

A right in security

a right subsdidiary to an obligation. main real rights in security were pledge, which involved the creditor having possession of the debtor’s property

Original and Derivative modes of acquisition

Original - owner for first time. Derivative - from another person

Mancipatio

Derivative mode used for res mancipi. involved ceremonial conveyance before witnesses

in iure cessio

derivative for res mancipi. required involvement of a magistrate

Traditio (delivery)

Normal mode for res nec manicpi, later law, all types of property. ownership passed when transferee took possession on a sufficient legal basis for transfer

Occupatio

original mode - applying to ownerless property, like wild animals. O’ship acqiured on taking possession of the animal. Requires physical possession and animus (mental intention)

Specificatio

dealt where a new thing called a nova species, was made from someone else’s materials. if the new thing could not be put back into its original form, Justinian settled the law to the effect that the manufacturer acquired ownership.

Accessio

Arose when one thing attached to another. the lesser obkect was called the accessory, the greater the principal. the accessory became part of the principal, and ownership was acquired by the owner of the principal

Commixtio and confusio

original modes of acquisition that applied when things belonging to more than one person were mixed together. Commixtio related to the mixing of solids and confusio to mixing of liquids and gases. The owners of the property mixed together shared ownership of the mixture in properortion to their contributions

Usucapio

acquisition of ownership by possession for a specified period of time. different time periods applied to land and moveable property. at the end of the period of possession, the possessor acquired ownership as long as he took possession in good faith and the property was not stolen

Contracts recognised by RL

created by conduct, words, writing, agreement

Mutuum + Commodatum

Deposit and pledge. all except pledge were gratitutious.

Stipulatio

Main form created by words (formal exchange). unlike other contracts, not restricted as to content

Contract of Sale

created by agreement. required exchange of a price in money for delivery of the property. seller did not guarantee ownership, only that the buyer would not be evicted from possession of the property.

Contract of Hire

three related types. hire of a thing/service/piece of work. necessary to agree on subject matter and hire charge

Partnership

via a agreement. which involved two or more parties pooling resources. unlike modern Pship, this was not necessarily a commercial agreement

Mandate

A contract created by agreement, and invovldes one person being commissioned to act gratitutously on behalf of another

Delicts

No general law of delicts, rather specific delicts recognised

Theft

Unauthorised handling of goods, w fraudulent intention. double damages payable, except in the case of manifest theft, where x4 damages payable

Robbery

differed from theft in involving violence, and gave rise to x4 damages

inuria

constituted by intentional insults of many diff types. no damages payable if insult unintentional, or justified or the victim was not upset by the insult.

The Lex Aquilia

Imposed liabilty for loss caused by wrongful acts. there was three requirements: that one party has suffered loss, that this lass was caused by the other party, and that the act causing the loss was wrongful

Quasi-delicts

these obligations not either contractual or delictual

negotorium gestio

imposed quasi-contractual ob when one person acted beneficially on aother’s behalf, but without consent. arose only when it was reasonable to carry out the act in Q

Unjustified enrichment

Quasi-D. based on the idae that where a person has received a benefit without a proper legal basis, he should be obliged to return it

Condictio indebiti

claim for the return of money or property transferred in the mistaken belief that it was due

The judge who makes the case his own

judge liable for improper/ corrupt behaviour

things thrown, poured, left hanging, ship owners etc

all quasi delicts

libertas, civitas, familia

three elements of being a Roman citizen

manumission

slave becomes free, (freedman)