Roman law is a great work of lawyers of that time. And to this day, concepts developed earlier by ancient Roman scholars are used. Separately, the civilian industry and, accordingly, the right of ownership was almost completely adopted.
In Roman law, this category was slightly different from today. But, of course, it is of great interest at present. According to the provisions of the then legal institute, one can trace the course of history. This article will answer all important questions regarding such legislative sub-sector as property rights in Roman law.
Content of Roman ownership
This concept originated in the period of the kingdom. Initially, 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 signs: belonging, domination, and independence.
Despite the fact that this power was absolute, the power of the owner was not such. The Roman state outlined a certain framework of supremacy over the thing. They were designed to provide the opportunity for the coexistence of many owners. That is, the right of ownership in Roman law was understood as the power to use a thing, to dispose of it, as well as to use its useful properties, but only to the extent that were determined by the state. Numerous easements were established for the
public good. For example, the owner of the plot was forced to allow his neighbor into his space to collect fruits falling from his trees to foreign territory.
Roman law: acquisition of ownership
In the science of that time, there were two groups of grounds for acquiring the rights of the owner. The initial methods are independent of the will of the previous owner. These include occupatio (appropriation of orphaned, abandoned or captured things), thesaurus (possession of a found item when it is impossible to establish the previous owner), commixtio (mixing materials) and specificatio (making a new little thing from one or more others). Arbitrary grounds include methods associated with the previous owner. Namely mancipatio (solemn alienation of things), in iure cessio (imaginary lawsuit), traditio (transfer of the subject).
Types of ownership in Roman law
In those days, there was a classification, which determined the powers of the owner regarding a particular thing. Quirite property was considered the most prestigious, because only full citizens who had the right to man things could possess it. The dominance of the peregrines, by contrast, was limited. This category of people did not have the right of ownership to maniculated, which means expensive things. Provincial domination over the thing took place outside of Rome regarding the conquered territories. People who previously, before their capture, lived on these lands, retained their authority to use them to extract fruit.