Goods Classification and Rights Acquisition: A Legal Analysis
Goods Classification and Rights Acquisition
Item No. 1: Goods Classification
Roman Doctrine:
I. Res Extra Commercium
A. Res Divini Juris:
- Res Sacrae
- Res Religiosae
- Res Sanctae
B. Res Humana Juris:
- Res Publicae
- Res Communes
- Res Universitatis
II. Res Intra Commercium
A. Res Mancipi
B. Res Nec Mancipi
Physical Nature:
A. Expendable (Infungibles)
B. Consumables (Inconsumables)
C. Main (Accessory)
D. Tangible (Intangible)
Thing in the legal sense: It is all that can be subject to exchange economic rights and has a utility as estimable in money through direct or indirect means.
Jorquera: In ordinary language, the whole thing represents a foreign object to the man who occupies a place in space.
Res Extra Commercium: Excluded from the law of private legal relations, cannot be transferred, sold, or subjected to individual appropriation.
Res Divini Juris: Divine things with divine contracts are made punishable by absolute nullity.
Res Sacrae: Temples, shrines, sacred groves.
Res Religiosae: Burial monuments of the dead (inalienable).
Res Sanctae: The walls and gates of cities, the death penalty.
Res Humana Juris: These are the things that are not human things of divine law.
Res Communes: Air, sea, fire.
Res Publicae: Inland watercourses, ports.
Res Universitatis: Restrooms, theaters, plazas.
Res Intra Commercium: Things that are susceptible to legal relations by individuals.
Res Mancipi: Horses, oxen, donkeys, slave estates for sale were solemn.
Res Nec Mancipi: Money, selling jewelry, furniture was through tradition.
Physical Nature: They are interchangeable gender.
Consumables: Things that are counted, weighed, and measured according to use.
Infungibles: Things that are not subject to such care, have some individuality by letting one can replace the other.
Consumables: Things you can eat: corn, food, money.
Inconsumables: Things that are not consumed: vehicles, clothing.
Principal: Those that can exist for itself and for itself.
Accessory: Rather not self-existent nature is determined by something else which depends or which is attached (ring, animal, furniture).
Divisible: Those which are not entirely destroyed can be divided into actual servings each of which form a whole (land, wine, money).
Indivisible: Are dividing themselves are destroyed (animal, house).
Body: Corporeal things, is what can be seen with the senses, tangible, can be played.
Intangible: They are intangible, as a right or inheritance.
Heritage: Patrimonium derived from the word which refers to get the child has inherited her parents or grandparents. View it as the universality of real and personal rights of an individual under the terms of monetary or economic value.
Item No. 2: Acquisition of Rights
Acquisition: The incorporation of a thing or a property right to the area of a person for an act or act.
Original Acquisition: When there has been a previous relationship that links the right thing or obligations to an acquiring person is made from scratch for the first time that the occupation is one thing that no one owns res nullius or things that have been abandoned by their owners derelictia res.
Derivative Acquisition: When the thing right or obligation is transferred from one owner to another is a pre-existing legal relationship there is a transfer of property that may be full or with certain limitations and this case conveys the right author or cause the person acquiring the right successor or deceased.
Translational Acquisition: Occurs when an existing law a person is transferred to a new purchaser on the basis of a new legal relationship example above: a person acquires ownership of a property by a seller.
Acquisition Constitutive: Takes place as the holder’s right for you is to acquire a new right but there was no existing law in the event the holder is essential if the new right may be acquired by the acquirer to benefit the constitution example mortgage.