Property I

• What is the first property of acquiring ownership?

  Acquiring Ownership
• What is vindicatio in the context of ownership?

  It is the action whereby an owner asserts ownership over a thing.
• How many categories of modes of acquisition are there?

  Four categories.
• What are the four categories of modes of acquisition?

  1. Original modes (res nullius)
  2. Derivative modes
  3. Prescriptive modes
  4. Adjudicative modes
• What is occupatio in the context of original modes of acquisition?

  It is taking control of an ownerless thing, like a fish.
• What does accessio refer to in modes of acquisition?

  It refers to assimilating one thing to another.
• What is specificatio in the context of modes of acquisition?

  It is the creation of a new thing.
• What does the term "fruits" refer to in modes of acquisition?

  It refers to acquiring a thing that came from another thing.
• What is treasure trove in the context of modes of acquisition?

  It is acquiring buried property.
• What are derivative modes of acquisition based on?

  They are based on previous ownership.
• What is mancipatio in the context of derivative modes?

  It is the formal transfer of a res mancipi.
• What is cessio in iure?

  It is a second formal transfer of a res mancipi.
• What is traditio in the context of derivative modes?

  It is the informal mode of transferring ownership of a res nec mancipi.
• What are prescriptive modes of acquisition based on?

  They are based on the passage of time.
• What is usucapio?

  It is the main acquisitive mode based on passage of time.
• What is praescriptio longi temporis?

  It is applied only to non-italic lands.
• What is praescriptio longissimi temporis?

  It is a special Justinianic institution.
• What are adjudicative modes of acquisition based on?

  They are based on the declaration of a judge.
• What is the most basic form of transfer in ownership?

  Traditio.
• What is the first issue regarding traditio?

  Delivery, where possession must be handed over.
• What is the second issue regarding traditio?

  Causa, which must provide a basis for ownership to pass.
• What are the two ways to resolve the issue of causa?

  1. A iusta causa could be required; 2. A putative causa could be sufficient.
• What was the law under Justinian regarding causa?

  The putative causa was sufficient for ownership transfer.
• What is the main issue regarding usucapio?

  How long is long enough to acquire ownership?
• What are the four requirements to acquire ownership through usucapio?

  1. Possession for the required period of time; 2. Of a res habilis; 3. In good faith; 4. Pursuant for a iusta causa.
• What should be noted about discussing the requirements for usucapio?

  Do not waste words by going through each requirement; focus on the main issue.
• What is important to consider in accessio?

  You need to think creatively around fact patterns and reason by analogy.
• How is the acquisition of ownership distinguished in Roman law?

  • By iuris civilis/iuris gentium (naturalis)
  • By formal (effective by reason of their form) vs. casual (dependent upon ground of acquisition)
  • By unilateral (e.g., usucapio, occupatio) vs. bilateral (e.g., mancipatio, cessio in iure, traditio)
  • By original modes vs. derivative modes
• What is the general view in Roman law regarding the transfer of rights?

  There is no transfer of rights; transferring a thing extinguishes one dominium and creates another.
• What is the distinction between civil modes and natural modes in Roman law?

  Civil modes give a Roman citizen dominium over a Roman thing.
• What is a res in the context of Roman law?

  A res is whatever could be assessed in terms of money and has a set cash value.
• What does the law of things comprise in Roman law?

  It comprises objects and contents of a person’s estate.
• How are rights like liberty and citizenship treated in the law of things?

  They have value but are not considered part of the law of things.
• What is the distinction between status and estate in Roman law?

  Status is made up of rights, liberties, and incapacities conferred by legal position, while estate comprises assets, rights, and duties created by individual acts.
• What are the two main classifications of things in Roman law?

  1. Res corporales (physical things) and res incorporales (rights)
  2. Res in patrimonio (things that can be owned) and res extra patrimonium (things that cannot be owned)
• Where does the distinction between res corporales and res incorporales first appear?

  In Gaius’ juristic literature in G.2.12.
• How were obligations treated in classical law?

  Obligations were treated as res in institutional works but often considered part of actions.
• What were the earliest res incorporales in Roman law?

  The earliest were praedial servitides.
• How did the Romans view rights associated with servitudes?

  They viewed the rights as physical things rather than as abstract rights.
• What is the primary desire discussed in the context of recovery?

  Desire for recovery