Studying Roman Law by Paul Du Plessis

Author:Paul Du Plessis [Plessis, Paul Du]
Language: eng
Format: epub
Tags: history, Ancient, Rome, General, law, Legal History
ISBN: 9781472503060
Google: lX_jBAAAQBAJ
Publisher: Bloomsbury Publishing
Published: 2013-09-30T23:53:59.332262+00:00

These were summary remedies designed to preserve the status quo until such time as the issue of ownership could be resolved. It has often been asked why Roman law chose to protect possession, sometimes even at the expense of ownership. Various justifications have been offered, namely that it prevents violence and that it encourages the resolution of disputes. In reality, the reasons for the rise of possession are probably many and varied and include both the ones mentioned here as well as those mentioned above.

Having explored these two central concepts, we must now turn to ways in which one could acquire ownership in property. As mentioned above, one of the central purposes of the different modes of classification of property in Roman law was to highlight the fact that different types of property required different modes of conveyance. Roman legal texts contain much discussion on the different modes of acquiring ownership. The significance of these modes is twofold. First, they are broadly grouped into two categories (civil-law modes and natural-law modes). Gaius tells us the following:

Inst.Gai.II.65. It appears from what we have said that some things become the property of someone else (alienari) by natural law, as where they are transferred by delivery (traditio), and some by civil law; for mancipatio, in iure cessio and usucapio are confined to Roman citizens.

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