By Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets
This e-book presents a radical creation to Roman estate legislation via "cases," inclusive of short excerpts from Roman juristic assets within the unique Latin with accompanying English translations. The situations are chosen and grouped that allows you to supply an summary of every subject and an orderly exposition of its components. to every case is connected a collection of questions that invite the reader to, e.g., make clear ambiguities within the jurist's argument, reconcile one protecting with one other, offer lacking yet beneficial evidence to account for the preserving, and/or interact in different analytical activities. Read more...
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Extra resources for A casebook on Roman property law
2: De adquirenda vel amittenda possessione. 2: Apiscimur autem possessionem per nosmet ipsos. Furiosus et pupillus sine tutoris auctoritate non potest incipere possidere. 5: Item adquirimus possessionem per servum aut ﬁlium, qui in potestate est. : possideri autem possunt, quae sunt corporalia. 1: Et apiscimur possessionem corpore et animo. 2 A Casebook on Roman Property Law A. Means of Acquisition: corpore et animo Apart from the exceptions to be discussed in subsection B, possession in principle can be acquired only corpore et animo (these terms of art are best used in place of translations) Animus [the nominative form of animo] is the intention to possess; corpore [lit.
His most important work, tres libri iuris civilis [“Three books on the ius civile”], was studied and discussed throughout the whole classical period and served as the topic of extensive commentaries by Pomponius, Paul, and Ulpian (all of which were entitled ad Sabinum). 51). Acquiring Possession 27 CASE 11 (Continued) 1) Analysis of Trebatius’ legal reasoning: a) Does a seal sufﬁce to establish the physical relationship? b) Is the buyer’s animus possidendi [“intention of possessing”] present? c) Is this animus already expressed through the purchase itself?
Note on the Text: On videtur (“counts as”), see below under Case 72. Discussion Questions: 1) Is delivery of the keys understood as a “symbolic” transfer of the goods (cf. “through symbols” in § 427 of the Austrian Civil Code, quoted below), or as an “actual” one? 2) How does Papinian conceptualize the acquisition of possession, since he requires that the keys be delivered in front of the warehouse and not in some other place? 3) Is it relevant whether other copies of the delivered keys exist, and who has them in hand?