Humanitarian property in Roman law: signs

The ownership of a property is the right to own any property, according to a later Roman law, than a Quiri- tian one.

Features of translation

The definition of the property in the Roman law as such did not exist. Used in the Roman Empire, the phrase "habere in bonis" from Latin is more correctly translated as "a bonitary possession," and not "property." However, in Russian linguistics, it is precisely the misinterpretation of the translation that has been established, so it is still used in the domestic jurisprudence.

Despite the fact that in Russia the notion of "property of the property" is used, another translation is also applied. Be that as it may, the essence of the concept remains unchanged when using any of the accepted translations of the term.

The essence of the concept

In the initial period of the formation of Roman law, the bureaucratic apparatus in the empire was excessively exaggerated, in connection with which paper red tape became a rather acute problem.

The normal development of trade and market relations in the Roman Empire could not be combined with such a complicated bureaucratic situation, so the country's leadership was forced to take measures to simplify the law. To avoid a long procedure for transfer of goods from the seller to the buyer, the state began to transfer the purchased items by simple transfer. With such a transaction, the praetor (state official) at the official level fixed the purchased goods for the buyer as a bona fide purchaser (in bonis), bypassing all formal procedures.

Some features

In the event that the property was transferred in another way, which was not noted in the Quiri- et law, the acquirer could not be deprived of the right to own this property. However, simultaneously with this, two rights of possession were established on the thing at once: the new (the property of ownership) and the old (according to the Kvirite law). In accordance with this legislation, the quirry property for the object was in the hands of one person, and the bonitary one at the other.

It is worth noting that over the prescription of the years, the bonitary (pretor) property could be transformed into a quiri property. There were some other features of buying and selling things in this way, but these were rather rare situations, so they will not be considered in this article.

Kinds of property: quirits, bonitary and provincial ownership of peregrinov

In this section, the definitions of the types of property existing in the Roman Empire will be given.

Regulation of the Kvirite property was carried out according to civil law in Rome. In the early history of the empire, this was the only property right in the country. To own a thing according to the law of Kviritsk, it was necessary simply to be a Roman citizen who has the right to own property.

The property is a property based on the right of the law. This type of property, as already mentioned above, went against the law of Kviritskaya, because at this type of transaction there was no ritual of manipulation, so she did not recognize them.

Provincial property appeared in connection with the expansion and withdrawal of the Roman Empire far beyond the Apennine peninsula. Since the rest of the territory, except for Italy, could not have been granted Quirits, the authorities of the Empire had to come up with a different way of regulating private ownership of property. Therefore, the so-called provincial property was created, according to which a person obtained the right to use state property in order to extract certain benefits from it.

Peregrine property was the property belonging to persons who do not have Roman citizenship (Peregrines). They obeyed the rules that are not applied on the territory of the empire. Therefore, foreigners could not have full protection in the Roman court in disputable issues relating to property. Over time, the Peregrinsky property ceased to exist as such and merged with the panitarian one.

Quirits, Bonnic, Provincial and Peregrine property are the main types of property ownership that have ever existed on the territory of the Roman Empire.

Features of Roman law

In the Roman ownership, the quiri- et and panitarian property existed side by side with each other. This was due not only to the conditions developed in the state, but also to the mentality of the indigenous Romans.

The main feature of the thinking of the Romans, whose state eventually became simply immense in size at that time, was the positioning of their ethnic group as dominant in the country. Therefore, conservative orders, laid down by the ancestors, were unshakable. However, the Romans were very pragmatic and understood that the bureaucratic bog did not allow speculators and ordinary citizens to effectively conduct business.

That is why there was a situation in the country when simultaneously there were at once two main types of property, which in many respects contradicted each other.

Effects

In Roman jurisprudence for a long time there was a dualism in the relations of ownership. Undoubtedly, this situation did not have the most successful impact on both the economic and the social and legal aspects.

However, for several centuries the Romans could not remedy the situation, so they had to put up with the existing system. Only in the VI. N. After the fall of Western Rome and the beginning of the rule of barbarian kingdoms in Western Europe, the situation related to the duality of property rights was abolished in the state of the Roman Empire.

The change of this system is connected with the name of the legendary Emperor Justinian, who in the special constitution prescribed the refusal of this scheme for regulating the property right on the territory of his state.

Thus, the quiri- et and panitarian property ceased to exist, completing a whole epoch in the historical path of the Roman Empire.

Conclusion

Roman law served as the basis for the formation of pan-European law in the newly formed barbarian kingdoms. That is why he is still studying at universities in the faculties of jurisprudence.

Many principles and foundations laid back in Rome, were adopted and in some countries of the world are still applied. Despite the fact that Roman law in the realities of the modern world is practically not applicable, in the era of antiquity it was the most thoughtful and regulated law among all the then existing states.

Bonitary property is one of the important elements of Roman jurisprudence, which in many respects characterizes the legislation that existed in this country before the VI century. N. E.