Real rights in Roman law.

Roman law known since ancient times.The Romans were exceptional lawyers, academics who have experienced their own civilization for tens of centuries.On the basis of their legal systems are built almost all the constitutions of European countries.Especially specific property rights in Roman law.Many concepts in this area in varying degrees, are used to this day.

what is meant by things?


The very notion of "things" Romans invested much broader meaning than we are.Thus, it includes a definition is not only material things, but even the civil rights and relations.Thing termed "Res".All property rights in Roman law did not just accept civilian attitudes and laws in the material sense: such a doctrine has been widely circulated among the Roman philosophers who most often are the most prominent legislators (corporeal and incorporeal property).

Classification things

However, one should not assume that this concept includes everything.It is quite clearly subdivided in order to avoid confusion.So, what i

ncludes the concept of property law?

Firstly, all the subjects of the Divine law.This includes all objects of worship, including those that particularly valuable both materially and spiritually.Among the "things" of each temple were all the lands that belonged to him, all the tombs and statues dedicated to the Roman gods.

Second, the "human" human things.They fall into two broad categories:

  • public property which belonged to all categories of citizens of the state.It theaters and stadiums, public markets, the banks of rivers, lakes and seas.Does not that property rights in Roman law suspiciously resemble the conventional procedure of land use?
  • private property, which was owned by individual citizens.They were divided into smaller categories, but this is not essential.

What types of Roman law is responsible for this area?Of course, customary law and the laws, as plebiscites had no such authority.

Extended classification of things

So you yourself clearly learned that the Romans existed corporeal and incorporeal things (of which it has been written above).But in reality, the unit was much broader and much more complex:

  • who are in circulation and withdrawn from it.
  • Mantsipiruemye and nemantsipiruemye (rather complex concept, reveal it below).
  • Complex and simple.
  • Employees for consumption and non-users.
  • things that could be shared and indivisible.
  • Side, chief.
  • transmitted by generic definition and privately.
  • Movable and immovable property.
  • Again, corporal and incorporeal things.

now clarify some of these concepts, to understand them in more detail.It must be done, as the story of Rome is very closely connected with all this.

who are in circulation and withdrawn from it

to the withdrawal from circulation (res extra commercium) includes all those subjects that serve the needs of the people, and therefore could not be privatized.It's all the same temples, roads and embankments, sites for burial ashes of the dead (columbarium), as well as general physical objects (air, sea, river).Accordingly, the property rights in Roman law in relation not withdrawn from circulation property (res in commercio) included a lot of variety of things.

Mantsipiruemye and nemantsipiruemye

Mantsipiruemymi objects (res mancipi) called directly Italic land attached to them slaves, certain categories of buildings and working cattle.Transfer all it could solely through Mancipatio.All these lands actually belong only to the state.Thus, property rights are (in this case) is only possible to transmit "their" land by inheritance.

Regardless of the origin of the nobility and the citizens they were given out, these categories of land could be taken away from them at any time.These areas were treated:

  • Ager vectigalis.Earth "rent-paying" type.Leased to citizens.The initial term - five years, but in fact was a perpetual lease.You could be inherited without any incidents and legal obstacles.
  • Ager privates vestigalisque.This is the land that the state or the community could sell to private persons.Specificity was that the buyer does not become the owner of the land, but only has the right to use it (but could pass it by inheritance).In addition, the owner was obliged to pay a certain rent for the use of his allotment.This form of land use is interesting in that it can be regarded as a transitional stage between the communal land and private property do.

What other land category includes the concept of property law?Now we look at each category individually.

Ager quaestorius

In general, this type of land ownership was completely similar to the previous one: the buyer takes title to the land had to pay for her rent.The peculiarity of it is that the State could at any time without giving any reason to cancel the transaction and demand the return of issued temporary use of the site.All of these relationships was adjusted easements in Roman law (property law by using someone else's property).

Ager occupatorius

This state land, clearly limited by natural boundaries (rivers, forests, mountains).A feature of this category is the fact that the land is not processed until such time as they are not transferred to private landowners.Get these plots could only patricians, and they often they simply occupied.This category, in theory, could be awarded to the highest official persons in the period of their tenure, but the fact of the seizure of land was often indefinite.

In any case, the history of Rome knows a lot of facts of capture, after which the land would go back to the actual ownership of the state only after the death of both the official and all his successors.

Adsignatio

Private facilities are sometimes passed on exactly the same square plots of land.This kind of "six hundred" to the Roman plebs.Distribution areas wore a massive scale, was carried out in a particularly festive atmosphere.Something similar has been the property Ager colonicus.It also Italic land, but located outside of Italy.The colonists were issued with the right of inheritance.Usually, the rent for them deducted in a limited amount after a certain period of ownership.

Ager locatus ex lege censoria

These plots "improved plan" distributed exclusively on a competitive basis.Simply put, get them the person who made the best offer, making the state treasury the greatest amount of money.

Important!The procedure itself was extremely difficult Mancipatio practice of law, and for its implementation required five witnesses (easements is regulated in Roman law).If in the process of admitting at least one mistake, even in the spoken word, the entire transaction is automatically invalidated.The category nemantsipiuemyh treated all the other things.

how to distinguish mantsipiruemye and nemantsipiruemye things?

main difference between them was in the process of alienation.Nemantsipiruemye things handed down by a very simple procedure - traditio.Mancipatio second category was extremely difficult (as we have just mentioned).You should not be considered an empty whim of the Roman legislators, as to the things treated mantsipiruemym important production facilities.Thus, the concept of Roman law in this area was unequivocal.

government was extremely interested in the preservation of the rights to them in all possible ways.The complex ritual was introduced precisely in order to avoid falling into the category of land users random individuals.Note that Mancipatio as such remained only until such time as Rome was a republic.Go to the Empire quickly eliminate the vestiges of communal land.At that time, ownership in Roman law was much more simple concept.

Simple and complex things

According to expression Pomponia, simple things defined as a single, indivisible concept.To those can be attributed stone, timber, slave.All the sophisticated facilities of the property divided into two broad categories:

  • All components of objects that are composed of many smaller things interconnected.These could include a ship or a house.
  • property which consist of many unrelated to each other but united by a common purpose of things.These objects of property rights could be presented as a herd of cattle.

Movable and immovable property

to movable property includes everything that could change its position in space.These objects can move independently (cattle, slaves), and through their movement in space some other force (utensils, clothing).

Accordingly, to the immovable property concerned all that could change its position in space without saving its complete structure.This category of ownership in Roman law includes land plots, subsoil, all the buildings.Unlike modern law, while in relation to both of these categories were used in almost the same normative and legislative acts, so that all this division was of practical nature, being designed for ease of use.

In addition, in Rome in the category of real estate is automatically equated with all the things that a tenant made on land owned by the lessor.All the property became part of the plot, and was equal to it by legal status.

to immovable property

Yet real estate is considered a more complex category.The Romans very cautious about changing the legal status of such property.So, join the ownership of movable property permitted after one year to immovable property, this period is doubled.It should be noted that in the era of printsipiata allocate a separate system of Roman law, which is just the same to regulate relations in this area.

Generic and individually certain things

to generic things include all the property which could only belong to the genus, it had its own personality.Of course, this category has been some uncertainty, but because the Roman lawyers rather quickly brought a simple rule: if, for things could be used measure (volume, weight), it belonged to the clan.With the loss of the property, it could always be replaced by a similar.

Accordingly, the complete opposite is an individually defined thing.This property, which is recognized as unique in nature, it can not be replaced by something similar.In addition, such a thing could be easily separated from the number of similar (a separate bowl).If individually defined property destroyed, the contract of ownership it is automatically stopped, as the debtor would not be able to provide something similar.

To better understand the essence of this phenomenon, it is possible to call themselves such things essential and nonessential.This concept was of great importance, as the system of Roman law on its basis to build relationships of obligation.

consumed and unimproved property

To consumption category includes all the things that were lost during transmission owner to another person.This category may include food and money.Regarding the latter, the owner, who pays them, deprived of their means.

Accordingly, unimproved things wore out or lost immediately, but after some time.

Side and main property

main recognized such property which is legally subordinated to other things.Accordingly, incidental recognized independent property, which is to some extent dependent on the main things.Side property is divided into categories:

  • Part of the property.
  • Some separate accessory.
  • fruit.

Those parts of things that could not be separated from it without losing the functionality of the laws of the Roman law did not recognize the subject property.Otherwise, she could be treated in such aspect (roofing material retains its functionality when separated from the house).In connection with some of the intricacies of law Romans isolated special conditions of accession of some part to the whole object.

Consequences of the accession to the whole object

example, if part of the accession becomes useless, or to acquire new properties, or become inseparable from another object, the subject of losing ownership of it.But if the two things have remained unchanged after the merger, and the attached portion can be isolated from the rest of the estate, it could be removed and fully restored to its legal status.In any case, how to protect property rights in this case includes a simple application to the court.

Supplies and accessories

fruit is also called a side thing, but mostly related to property is not legally and economically.She could be completely on their own, be considered as a self-contained object of law.However, only when sharing facilities and basic things could be achieved the desired result.As a rule, all the legal rules that apply to the main property, were in force in respect of all "attached" to her accessories.

fruit called the subject, resulting from assets which it could produce (leather, wool, fruit).Accordingly, it was equal to the fruits and the income that people receive from their sale.As in the case with accessories, they are subject to all the legal rules adopted in relation to the basic things.Hence, by the way, I went out and saying: "The fate of accessories depends on things."

What fruiting things, the division of the types of fruit

all fruit-bearing assets (res fructiferae) was characterized by what could bring some benefits as a result in their own, organic activity, and as a result of the application to them of human labor.These could be applied to the concept of "property" and other rights in rem, which regulate the process of their turnover.As we have noticed, all the things that have been received on the ground landlord, automatically assume his estate and gave him the right to demand their share of their sales.

the fruits, which have been obtained as a result of all these processes are divided into two major types.

Fruits of civil law (fructus civiles) .It is about them we have just said, are the result of different kinds of property transactions.In the modern sense is the income derived from the operation of the same land.This profit could be a constant, but the season (harvest and its subsequent implementation), and short-term, which occurred when a one-time sale of fruit-bearing things.

natural Fruits (fructus naturales) .They get through a combination of working people and some contributing factors.It is also divided into types:

  • fruits of which were connected with the thing on which they occurred (fructus pendentes).
  • property, which has already been separated from it (fructus separati).
  • Privatized someone fruits (fructus percepti).
  • property that has already been processed (fructus consumpti).
  • Those fruits that are already fully prepared, but to be collected (fructus perci piendi).

If the owner for some reason, return it demanded fruiting thing all the fruit had to be returned along with it.However, this does not apply to cases where the property has been in some way used.