Exam (elaborations)
ROMAN LAW - PROPERTY II (RIGHTS TO THINGS - OWNERSHIP) (1).
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ROMAN LAW - PROPERTY II (RIGHTS TO THINGS - OWNERSHIP) (1).
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ROMAN LAW - PROPERTY II (RIGHTS TOTHINGS - OWNERSHIP)
Possesion was not ownership, but mores a factual relationship with a corporeal thing. Was not
dominium or legal title but occupied a place in the law through interdicts which were important
for Usacapio and Traditio
1) legal (interdiction passion) = possession protected by interdicts
2) detention = derivative holders who have 'natural' possession (in sense of physical control) -
ANS-What is (broad) definition of Roman concept of possession
1) corpus = effective physical control of corporeal things
2) animus = intention to possess and knowledge of what is being possessed
(T) under J this was stretched thus possession wouldn't (nescarily) loses possession despite
physical control - ANS-What are the constituents of acquiring possession?
1) those w/ physical control as owners
2) those on the way to uscapio
3) those acting as if they were owners
4) deravtive holders (w/o denentio) - ANS-Who could have 'possession'
1) physical control (corpus only)
2) actual control (animus and corpus)
3) constructive possession (protected uscapio etc) - ANS-What are the 3 degrees of control
Created by the Praetors, legal tool that provided protection to possessors.
used to either
1) acquire possession
2) retain possession
- land (uti posseidits) current possessor wins so long as his possession had not been acquired
vi, clam, precario
- moveables (utrubi) same as above but was normally given to whomever had been in
possession the longest in the past year
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