Roman Law of Property: Ownership, Co-ownership, and Usufruct
Classes of Things:
Corporeal or Incorporeal:
- Corporeal: Tangible things like an estate or a slave.
- Incorporeal: Non-tangible things, such as rights.
Divisible and Indivisible Things:
- Divisible: Things that can be divided so that the resulting parts have the same function as the whole thing.
- Indivisible: Things that are not susceptible to division without suffering damage.
Simple or Compound Things:
- Simple: A thing that constitutes a single unit.
- Compound: A thing that consists of other things together.
Expendable or Non-Expendable Things:
- Expendable: Things that are determined by their weight, number, or extent and are not fungible or individually determined.
- Non-Expendable: Specific things that are fungible or individually determined.
Consumable or Inconsumable Goods:
- Consumable: Goods that are consumed through use.
- Inconsumable: Goods that are not consumed through use.
Movable or Immovable, Mancipe or Non-Mancipe, Extra Commercium or Intra Commercium
The Use of Things:
Acts of Simple Use: Utility of a thing without affecting its integrity or the product of the thing.
Acts Available: Acts that alter the integrity of the thing.
Acts of Enjoyment: Consists in eating the fruit that produces a thing without changing the thing itself.
Classes of Ownership:
Civilian Property:
- Necessary conditions: Roman citizenship, movable or immovable thing located on Italian soil, acquired by one owner with the required formalities.
- Protects the claim filed.
Pretorian Property:
- This property arises when the Praetor protects someone who received a Mancipe thing against the civilian owner who handed it over without using the form of mancipatio or in iure cessio.
Ownership of Pilgrims:
- Foreigners may not own the dominium, but the Praetor protects them with fictitious actions when in Rome claiming things belonging to them, even when dealing with Italian estates.
Retain Possession Injunctions:
preventing the acts of mob who violate the exercise of possession degrees. The prop can ask for., The vetigalistas, protection precaristas.excluidos those considered mere usurpers of the real thing and not possessors. In this interdict uti posidetis, which currently prevails the building, which was prevalent utrubi the movable thing in his power for more time in the last year. The repossess injunctions serve to reinstate in possession who has been expelled or handcuffed. One of them serves to recover possession squatters ceded to the injunctionquod precarious and takes back one of which invalidates the farm with clairvoyance, the interdict unde vi. There is an aggravated form of this interdict unde vi armata is called to be in the event that takes place without the 1 year limit. Finally, in the case of a farm invasion in the absence and without knowledge of the keeper is likely to be used for illegal possessionem injunction.
The co-ownership. Is produced by the concurrence of several prop. s / one can cosa.Se was producing x by voluntary act of several partners who put their property in comúin Ppios with their proportionate shares of joint ° propiedad.Por the acquisition of the same confusion ° cosa.Por the expendable material things is irreversible.El scheme was conceived by concreci ° of ownership of each holder of an ideal party or share the whole thing. Requiring the consent of all shares dividing titulares.Las are used to end a situation on coprop degrees. This is achieved by producing the divisi ° of the thing for the allocation of parts of it that makes the arbitrator and settle debts arising from same.two kinds: – dividend common Actio split any type of joint caused by hereditary succession menosla .- erciscundae for Actio familiae ° / ° of ownership caused by the successive ° hereditary. The usufruct. is a real d ° to use and enjoy thing alien deprived of access to the usufructuary misma.el thing can be widely used of the thing and acquires the prop of natural fruits and civil perceptio day. The general rule is that you can not alter the eco system by prop.constituyente maintenance, or even to improve it. Caución usufructuary must be returned without damage and at the same time has been agreed. Quasi-usufruct usufruct of consumable goods. The beneficial owner could dispose of it, but bound by aexsenatus cautio consultants to return the same amount at the end of the usufruct. The money was agreed as paid until the end of the usufruct. Usufructuary Defense procedural “usus fructus vindicatio action prevented the exercise of usufruct For the bare owner from exercising the repossession, then the usufructuary has a excepc ° Injunctions .- usufruct: the uti possidetis useful formula. The ut urbi and unde vi. – Fiction It provided through criminal prosecution of the owner. Acquisition of usufruct usufruct-By booking these cases of alienation of vindicatorio. legacy propiedad.-By-By flattening or judicial confession of the bare owner in iure cessio in an action forvindicatio usus fructus .- In awarding divisive trials Termination of usufruct-usufructuario.-Death of the usufructuary Caputus deminutio (supposed change of family)-Waiver of usufruct in a formal in iure cessio (negatoria action brought by the owner) .- No usufruct use during periods of usucapión.-disappearance of the object, excluding the processing of the same trade or preventing disfrute. “According to the praetorian law by the arrival of said constituent term.