The right of property in Roman law: features

Roman law is a great work of lawyers of that time. And to this day the concepts worked out by ancient Roman scientists have been used. Separately, the civil industry and, accordingly, the right of ownership were almost completely adopted. In Roman law, this category was slightly different from today. But, of course, it is also of great interest at present. According to the provisions of the then legal institute, one can trace the course of history. This article will answer all the important questions concerning such legislative sub-sector as the right of property in Roman law.

Content of Roman property rights

This concept originated in the period of the kingdom. Originally it meant the exclusive and unlimited legal dominance of a certain person over a thing. In the classical period, the right of ownership in Roman law was determined by the following list of attributes: belonging, domination and independence. Despite the fact that this power was absolute, the power of the owner was not such. The Roman state outlined a certain framework of the primacy over the thing. They were designed to ensure the possibility of co-existence of many owners. That is, the right of ownership in Roman law was understood as the authority to use a thing, dispose of it, as well as to use its useful properties, but only within the limits determined by the state. Numerous easements were established for the public good. For example, the owner of the site was forced to allow his neighbor to collect fruit, falling from his trees to other people's land.

Roman law: acquisition of property rights

In the science of that time, two groups of grounds were distinguished for the acquisition of the owner's powers. The original ways do not depend on the will of the previous owner. These include occupatio (the appropriation of orphan, abandoned or captured things), thesaurus (the acquisition of the found object when it is impossible to establish the previous owner), commixtio (mixing of materials) and specificatio (making a new gizmo from one or more others). For arbitrary reasons are related to the previous host methods. Namely mancipatio (solemn alienation of things), in iure cessio (alleged litigation), traditio (transfer of the object).

Types of property in Roman law

At that time, there was a classification, according to which the powers of the owner regarding the concrete thing were determined. Kviritskaya property was considered the most prestigious, because it could have only full citizens who have the right to the acquisition of a thing. The dominance of the Peregrines, on the contrary, was limited. This category of people did not have the right of ownership to the pledged, and therefore expensive, things. Provincial dominance over the thing took place outside of Rome relative to the conquered territories. People who, before their capture, lived on these lands, retained their right to use them to extract fruits.