Zusammenfassung der Ressource
Roman
- Furtum - Theft
- Theft is the handling of a thing with
fraudulent intention in relation to the
thing itself or even its use of its
possession
- Includes
- Furtum conceptum - receiving
- Furtum oblatum - planting
- Prohibition
- preventing the search of a property
- Retention
- Examples
- Use contrary to agreement in commodatum
- Making use of a pledge of thing deposited
- kidnapping free people
- taking something given to a creditor through pignus
- art and part liability
- Manifest theft - furtum manifestum
- caught in the act
- caught in the place of stealing
- caught before the gear got to the place intended
- must be seen with the thing in his hands
- Penal damages
- Remedies
- actio ad exhibendum - display property
- use before vindicatio
- actio furti
- AF manifesti
- 4x penalty
- AF nec manifesti
- 2x penalty
- AF prohibiti
- 4x penalty
- measuring the value
- positive - your property, the actual value of it
- negative
- if someone is liable to make good the
loss. someone holding something under
commodatum or diposit
- Delict
- Damnum injuria
datum
- chapter 1 - killing slaves and
pasture animals
- damages - highest
value of thing in past 12
months
- chapter 3 - property and personal harm, burning,
breaking, tearing asunder
- damages - highest value of thing in
past or following 30 days.covers
inheritance
- indirect harm - actio utilis - working mule hard
- requirements
- direct bodily force
- done wrongfully
- liability is culpa, not duty of care
- defences
- justification - self defence
- contributory negligence -
walking in javelin field
- volenti non fit injuria - consenting to risk
- quai delicts
- actio de positis vel suspensis - things hung or suspended
- no harm needs to be done
- 10 solidi
- occupier of building is liable under quasi delict
- if someone is harmed, lex aquilia. Person at fault must be found and they must be negligent
- Edict nautae caupones stabularii - ship owners, inn and stable keepers
- like vicarious liability
- liable for property entrusted to them
- liable for employees, slaves and permanent guests
- usually theft
- Actio de effusis vel deiectis - poured or thrown
- occupier is liable for double damages
- if they find person at fault the can recover from them
- free man killed - 50 gold pieces - alot
- free man injured - judge decides
- lex aqulia - need to
find person at fault
nad negligence
- Iudex qui litam suam fecerit - judge who makes the case his own
- biased verdict
- manifestly wrong decision
- liable to make good losses
- Contract
- Re
- Mutuum
- gratuitous loan of fungibles
- Commodatum
- Gratuitous
loan for use
- must use thing
according the
agreement
- if not, strictly
liable for all loss
or damage
- Liable for
dolus and
culpa levis in
abstraco
- High standard
of care
- Depositum
- return movable when demanded
- In same
condition
except fair
wear and tear
- Plus accretions
- Dipositee
liable for dolus
NOT CULPA
- use of object makes
depositee liable in
furtum usus
- pignus
- debtor retains ownership
but possession transfers
to lender by delivery
- bonus paterfamilias
standard of care
- Fiducia
- formal conveyance
of pledge by debtor
to lender
- consensus ad idem
- Error
- in negotia - A
thinks sale, B
thinks loan -
void
- in corpore - identity
of thing - void
- in persona -
different
person. void
only when
relevant
- Duress
- threat of serious evil to
party or family
- Actio metus - action
for damages
- exceptio metus - defense of duress
- Fraud
- actio doli - damages
- exceptio doli - defence
- culpa
- Lata - gross
negligence
- levis -
ordinary
negligence
- in abstracto -
reasonable
person
- in concreto -
the individual
person
- levissima -
light
negligence
- Things
- derivative
acquisition
- Mancipatio
- 5 witnesses
- certain
words
needed
- must be used
for res mancipi
property
- procedural
- if process isnt
followed correctly
then transferee is
a boni fide owner
- in iura cessio
- much like mancipatio
- needs magistrate
- Usucapio
- converts
possession into
dominium
- classical
- land - 2 years
- movables - 1 year
- justinian
- movables - 3 years
- land - different province - 20 years
- land - same province - 10 years
- boni fide and
bonitary
owners
- essentials
- possession as owner
- lapse of time
- continuity
- natural loss - simply not in actual possession
- civil - legal action
- both parties in good faith
- Iusta causa -
mistake will
prevent
usucapio
- can the property be usucapted
- stolen property
- unless original
owner knows
where it is and
does nothing
- Possessory interdicts
- retention
- uti possidentis - land
- possessor succeeds unless land taken
by force, stealth or permission (give
something to someone and can ask for
it back at anytime)
- utrubi - movables
- possession to party with
longest possession in past
12 months.
- recovery
- land
- unde vi
- restores
possession to party
evicted provided
his possession
wasnt gained
through FSP
- one year limit
- de vi armata
- if armed force is used
to evict pursuer they
will recover
possession reguardles
of how they got
possession
- if land is sold from
B to C, A cant get
back property
- movables - utrubi
- B sells to C, A can get
back if they had
greatest possession in
last 12 months
- Traditio
- Delivery
- physical
handing
over
- Longa manu
- arms length,
point at thing
- Brevi manu -
have natural
possession but
then get given
legal.
- Constitutum
possessorium -
transfer title but
original owner keeps
hold
- symbolic - keys to
property handed over
- Requirements
- transferee in
legal possession
- intention to transfer
- mistakes
- iusta causa - if
intention it is
not fatal
- identity - can
be fatal.
circumstances.
- original acquisition
- occupatio
- taking with intention to own
- can thing be owned
- its yours as long as
you retain or control
- animals
- loose
control it
becomes
res nullius
- animus
revertendi
- homing
instinct
- if you wound and animal
and loose sight of it or
difficult to pursue then
loose ownership
- person abandoning
property must have
intention to do so
- accessio
- land
- A builds with B's mat on A's land
- B must wait till house falls down to get mat back
- if A stole mat then liable for double the value
- A builds on B's land using A's mat.
- good faith
- in possession
- B owns building but not materials. A gets expenses
- not in possession
- no remedy except gets mats when house falls down
- bad faith
- A gifts to B
- planting and sowing
- A sows B's seed on A's land
- good faith
- A owns seed. Compensates B
- bad faith
- A liable to be in theft
- A sows A's seed on B's land
- good faith
- A in possession - B owns but A gets value
- bad faith
- A gifts to B
- alluvio
- identifiable bit of A's land
washes onto B's land.
once B's trees take root,
its B's land.
- avulsio
- new land belongs to the owner of the bank
- islands in river.
medium filium.
each owner owns
whats on their side
- movables
- confusio - mixing of liquids
- commixtio - blending of solids
- writing acceeds to parchment
- examples
- Prin Own att acces in bad faith, PO liable for theft
- Prin Own att acces in good faith and has possession. no compensation
- PO att acces in good faith with no possession. PO can vindicate but must compensate AO
- AO att access to prin in bad faith. gift of thing
- AO att acces to prin in good.
- in poss - compensation
- not in poss - no remedy
- specificatio
- Reducibility - undue
effort, stress, skill.
damage to materials.
leaves little left
- if creators material
is included. thing
belongs to creator
- spec takes
priority over
comm and
conf
- good faith
- in possession
- creator owns. no compensation
- not in possession
- creator can vindicate, must compensate
- bad faith -
creator owner,
but liable in
theft.
- personal servitudes
- usufruct
- termination
- destruction
- death of person
who has right
- expiry of term
- non use
- 2 years
- extended to 10 / 20 years
depending on province
- changing nature of property
- rights and duties
- right to natural and civil fruits
- natural on gathering
- minerals are not fruits unless property was a mine
- offspring are not fruits
- maintain herds
- maintain the property to bonus paterfamilias
- enjoyment can be transfered
- usus
- can live on land but no fruits
- habitatio
- life rent