Bonitary property is the right to own any property, according to later Roman law than the Cyrillic one.
Translation Features
The definition of ownership in Roman law as such did not exist. The phrase habere in bonis used in the Roman Empire from Latin is more correctly translated as "bond ownership" rather than "property". However, in Russian linguistics it was precisely the wrong interpretation of translation that was established, therefore it is still used in domestic jurisprudence.
Despite the fact that in Russia the concept of "property ownership" is used, another translation is also used. Be that as it may, the essence of the concept remains unchanged when using any of the accepted translations of the term.
The essence of the concept
In the initial period of the formation of ancient Roman law, the bureaucratic apparatus in the empire was excessively inflated, and therefore paperwork became a rather acute problem.
The normal development of trade and market relations in the Roman Empire could not be combined with such a difficult bureaucratic situation, so the country's leadership was forced to take measures to simplify the law. In order to avoid a long procedure of transferring goods from seller to buyer, the state began to transfer purchased items by simple transfer. In such a transaction, the praetor (government official) officially assigned the purchased goods to the buyer as a bona fide purchaser (in bonis), bypassing all the formal procedures.
Some features
In the case when the property was transferred in a different way, which was not noted in the Cyrillic law, the acquirer could not be deprived of the right to possess this property. However, at the same time, two ownership rights were established on the thing at once: new (ownership property) and old (according to Cyrillic law). In accordance with this legislation, the Cyrillic ownership of the item was in the hands of one person, and the bonit ownership of another.
It is worth noting that over the years ago, the bonitarious (praetor) property could be transformed into Quirite. There were also some more features of the sale of things in this way, but these were quite rare situations, so they will not be considered in the framework of this article.
Types of ownership: Quiritic, bonitarny and provincial property of peregrines
This section will define the types of property that existed in the Roman Empire.
The regulation of Cyrillic property was carried out in accordance with civil law in Rome. In the early history of the empire, this was the only property right in the country. To own a thing according to the Cyrillic law, you just had to be a Roman citizen with the right to own property.
Bonitary - property, which is based on praetorian law. This type of property, as already mentioned above, went against the Cyrillic law, since the rite of manipulation was not performed during this kind of transaction, therefore it was not recognized by it.
Provincial property appeared in connection with the expansion and exit of the Roman Empire far beyond the Apennine Peninsula. Since the rest of the territory, except Italy, Quirit law could not be realized, the authorities of the Empire had to come up with a different way to regulate private ownership of property. Therefore, the so-called provincial property was created, by which a person received the right to use state property in order to extract certain benefits from it.
Peregrinsky property was called property belonging to persons without Roman citizenship (peregrines). They obeyed rules that did not apply in the empire. Therefore, foreigners could not have full protection in a Roman court in contentious issues concerning property. Over time, Peregrinsky property ceased to exist as such and merged with the bonitary property.
Quirite, Bonitarnaya, provincial, and Peregrine property are the main types of property that have ever existed on the territory of the Roman Empire.
Features of Roman Law
In Roman property law, Quiritic and Bonitarian property existed side by side with each other. This was due not only to the conditions that had developed in the state, but also to the mentality of the native Romans.
The main feature of the thinking of the Romans, whose state over time became simply of immense proportions at that time, was the positioning of their ethnic group as dominant in the country. Therefore, the conservative orders laid down by the ancestors were unshakable. However, the Romans were very pragmatic and understood that the bureaucratic swamp did not allow speculators and ordinary citizens to conduct business efficiently.
That is why in the country there was a situation when at the same time there were two main types of property, which in many ways contradicted each other.
Effects
In Roman jurisprudence, dualism in the relationship of property rights has long existed. Of course, this situation did not have the best effect on both the economic and socio-legal aspects.
However, for several centuries the Romans could not rectify the situation, so they had to put up with the current system. Only in the VI century. n e., already after the fall of Western Rome and the beginning of domination in Western Europe of barbarian kingdoms, the situation related to the duality of property rights was canceled in the legal state of the Roman Empire.
The change in this system is associated with the name of the legendary emperor Justinian, who in a special constitution prescribed the rejection of this scheme of regulation of property law in the territory of his state.
Thus, the Quiritic and Bonitarian property ceased to exist, completing an entire era in the historical path of the Roman Empire.
Conclusion
Roman law served as the basis for the formation of European law in the newly formed barbarian kingdoms. That is why it is still studied at universities in the faculties of law.
Many of the principles and foundations laid down in Rome were adopted and are still applied in some countries of the world. Despite the fact that Roman law in the realities of the modern world is practically not applicable, in the era of antiquity it was the most thoughtful and regulated law among all the states that existed at that time.
Bonit ownership is one of the important elements of Roman jurisprudence, which largely characterizes the legislation that existed in this country until the VI century. n e.