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40938
Roman
Description
Roman Mind Map on Roman, created by calum_gordon on 08/04/2013.
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roman
roman
Mind Map by
calum_gordon
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calum_gordon
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Resource summary
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
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