The right of property in Roman law: features

Roman law is a great work of lawyersthat time. To this day, the concepts worked out by ancient Roman scientists have been used. Separately, the civil industry and, correspondingly, the right of ownership were almost completely adopted.

В римском праве эта категория немного отличалась from today's. But, of course, it also represents a great deal of interest. 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 a legislative sub-sector as the property right 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 wasabsolute, the power of the owner was not such. The Roman state outlined a certain framework of the primacy over the thing. They were called upon to ensure the possibility of the coexistence 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 in those limits that were 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 from his trees on someone else's territory.

Roman law: acquisition of property rights

In the science of that time there were two groupsgrounds for acquiring the powers of the owner. The original methods 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 discovered object when it is impossible to establish the previous owner), commixtio (mixing of materials) and specificatio (making a new gizmo from one or several 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 an object).

Types of property in Roman law

In those days there was a classification, according towhich determined the powers of the owner regarding a particular thing. Kviritskaya property was considered the most prestigious, because it could have only full citizens, who have the right to the acquisition of things. The dominance of the Peregrines, on the contrary, was limited. This category of people did not have the right to ownership of the assigned, and therefore expensive, things. Provincial domination of the thing took place outside of Rome with respect to the conquered territories. People who, before their capture, lived on these lands, retained their right to use them to extract fruits.