Roman law - is a great work of lawyers of the time.And to this day uses concepts developed earlier Roman scholar.Separately, almost entirely civilian industries has been adopted and, accordingly, the right to property.In Roman law this category is a little different from today's.But, of course, and it is currently of great interest.According to the provisions of the then-legal institution can trace the course of history.This article will answer all important questions relating to this sub-sector legislation, as ownership in Roman law.
Content Roman property rights
This concept originated in the period of the kingdom.Originally, it meant exclusive and unlimited legal domination of a particular person over a thing.In the classical period of the right of ownership in Roman law defines the following list of attributes: affiliation, dominance and independence.Despite the fact that this authority was absolute, the authority of the owner is not.Roman state were outlined certain limits primacy over the thing.They were designed to allow co-existence of many owners.That is the right of ownership in Roman law understood as authority to use the thing, to dispose of it, as well as enjoy its beneficial properties, but only within the limits that have been defined by the state.Numerous easements established for the public good.For example, the owner of the site was forced to admit to his neighbor's space to gather fruit from his trees falling on someone else's territory.
Roman law: the acquisition of property rights
in science at that time there were two groups to acquire the proprietary rights.Initial methods do not depend on the will of the previous owner.These include occupatio (assignment of orphan, abandoned or captured items), thesaurus (taking found objects when it is impossible to establish the previous owner), commixtio (a mixture of materials) and specificatio (production of the new gizmos from one or several other).Arbitrary bases are associated with the previous owner of ways.Namely mancipatio (solemn alienation things), in iure cessio (imaginary trial), traditio (transfer object).
Types of property in Roman law
In those days there was a classification of which determines the powers of the owner with respect to a particular thing.Kviritskaya property was considered the most prestigious, because it can have a full-fledged citizens, entitled to Mancipatio things.The dominance of Peregrine, on the other hand, was limited.This category of people did not have ownership of mantsipirovannye, and therefore expensive things.Provincial dominion over the thing took place outside of Rome with respect to the conquered territories.People who previously, before their capture, were living in these lands, retained their entitlement to use them to extract the fruit.
