Exam (elaborations)
Roman Law Zoink (1).
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Roman Law Zoink (1).
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Roman Law ZoinkA distinct, paramount real right - ANS-What is ownership considered to be?
Ius utendi, fruendi, disponendi, abutendi (the right to the use, fruits of, disposal and abuse) -
ANS-What has ownership been defined as? (maxim)
Animus corpus (mental and physical elements) - ANS-What are the two elements required for
possession?
The retention of goods that were consumed during the period of good faith - ANS-What are the
rights of the good faith possessor?
A servitude linked to a piece of land - ANS-What is a praedial servitude?
Right of access, servitude of access - ANS-What is an example of a praedial servitude?
1) iter
2) actus
3) via
4) aquaductus - ANS-Name four types of servitudes of access
1) by non-use for 2 years
2) by merger (one person owns both pieces of property)
3) by agreement - ANS-How can a praedial servitude be ended? (3 ways)
Buildings - ANS-What does a urban servitude relate to?
Land - ANS-What does a rural servitude relate to?
Rights of drainage, rights to light, prohibiting the subservient property from building above a
certain height - ANS-Name an example of an urban servitude
The benefit of a servitude was held by an individual personally, rather than by a dominant
property - ANS-What is a personal servitude?
The right to the use and fruits of corporeal property, whether land or moveables - ANS-What is
an usufruct?
By legacy/will - ANS-How is a personal servitude most commonly created?
, 1) When the person who is the subject of it dies, 2) upon agreement - ANS-How is a personal
servitude finished?
A right over corporeal property, constituted by the delivery of the property by the pledger
(debtor) to the pledgee (creditor) - ANS-What is a pledge (pignus)?
They had to take "the highest standard of care", according to Justinian (3.14.4) - liable for any
damage caused by a failure to meet this standard of care. He would not be liable for any
damage that was not his fault. - ANS-What was the obligations of the creditor in a pledge?
A formal method of transfer used for property. - ANS-Mancipatio
6 - ANS-How many witnesses did mancipatio require?
The usual form of delivery, generally translated by the term "delivery" - ANS-Traditio
A valid of delivery which occurred when the property was impossible or difficult to move:
property was pointed out. - ANS-Traditio longu manu
Where possession passes before ownership - ANS-Traditio brevi manu
Where ownership passes before possession - ANS-Constitutum possessorium
The proper legal basis justifying the transfer of ownership, such as a gift or sale - ANS-Iusta
causa
Taking ownership of previously unowned property merely by possessing it. Examples include
abandoned property and wild animals. - ANS-Occupatio
When A takes materials belonging to B and makes a new thing from it. As the maker, A will
become the owner. B may have a remedy in unjustified enrichment against A. Issue was
resolved in this way by Justinian - ANS-Specificatio
Where two things become joined together, the owner of the principal becomes the owner of the
whole. There may be a remedy in unjustified enrichment for the owner of the accessory, if the
two items cannot again be separated. - ANS-Accessio
When two solids are mixed, such as two groups of sheep - ANS-Commixtio
When two liquids or gases are mixed, such as the mixing of two bottles of wine - ANS-Confusio
If they cannot be separated, each party will take the proportion that they contributed -
ANS-Remedy for commixtio and confusio
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