Property II

• What does the term "dominium" mean in Roman law?

  Dominium means ownership.
• Can someone be called an owner without having dominium in Roman law?

  Yes, one can be called an owner without having dominium.
• What does "dominun" signify for Roman citizens?

  Dominum signifies the original right to a res (thing).
• What was introduced by the Praetor around 200 BC?

  The Praetor introduced possessory interdicts to protect possession.
• What are the two types of possessory interdicts mentioned?

  1. Uti possidetis (for land)
  2. Utrubi (for movables)
• How do possessory interdicts relate to re vindicatio?

  Possessory interdicts sit alongside re vindicatio, which protects dominium.
• What qualities can possession have according to the study material?

  Possession can have both a factual and legal quality.
• How is dominium characterized in relation to possessio?

  Dominium is absolute, while possessio is relative.
• What happens if someone brings a re vindicatio against a possessor?

  They would lose, as possession cannot defeat dominium.
• Can one person's possession be stronger than another's?

  Yes, one person's possession may be stronger than another's.
• What is required for A to have dominium after buying an ox from B?

  A would need mancipio to have dominium after the purchase.
• What defense can A apply if B brings a vindicatio against him?

  A can apply the defense of exceptio rei vinditae et traditae.
• What does Gaius describe in G.4.36 regarding actio publicana?

  Actio publicana involves a fictitious usucapio for property delivered for a legal reason.
• What is the significance of the fiction in actio publicana?

  The fiction allows title to be acquired after a sale despite defects.
• What are the requirements for actio publicana to work?

  1. Possession for the required period of time
  2. Of a res habilis (capable of being owned)
  3. In good faith
  4. Pursuant for a iusta causa
• What happens in the example of Calcius selling a dog to Decius?

  Decius can bring an actio publicana despite Calcius having no dominium.
• What defense did the Praetor create for the dominus against actio publicana?

  The Praetor created the exceptio iustii dominii defense.
• What is the process of actio publicana in the example with Atticus and Balbus?

  1. Atticus sells an ox to Balbus through traditio.
  2. Balbus raises exceptio iustii dominii.
  3. Atticus counters with replicatio rei venditae et traditae.
  4. Atticus wins the case.
• What occurs in the example of Decius bringing actio publicana against Elvius?

  1. Decius brings actio publicana for the dog.
  2. Elvius raises exceptio iustii dominii.
  3. Decius cannot raise replicatio rei vinditae et traditae.
  4. Elvius wins the case.
• Who can bring actio publicana and what are their capabilities?

  1. Atticus:

  • Can bring actio publicana.
  • Can bring replicatio rei venditae et traditae.
  • Can defeat anyone, including dominus.

  1. Decius:

  • Can bring actio publicana.
  • Cannot bring replicatio rei vinditae et traditae.
  • Cannot resist exceptio iustii dominii.
  • Can defeat anyone except dominus.
• What happens when a dominus sues a bonitary owner (BO)?

  The BO wins the case.
• What happens when a dominus sues a bona fide possessor (BFP)?

  The dominus wins the case.
• What happens when a bonitary owner sues the dominus?

  The BO wins the case through actio publicana.
• What happens when a bona fide possessor sues the dominus?

  The dominus wins the case with no reply available.
• What does "res" mean in the context of Roman law?

  Res means 'thing' and denotes a physical object or something in the mind's eye.
• What are the two categories of man's assets in Roman law?

  Man's assets are either property or obligations.
• What does action in rem assert?

  Action in rem asserts a relationship between a person and a thing.
• What is the simplest action in personam?

  The simplest action in personam is condictio.
• What is the difference between rights in rem and rights in personam?

  Rights in rem are against persons generally, while rights in personam are against particular persons.
• In the example of A buying B's book, what right does A have before delivery?

  A has a right in personam to the delivery of the book.
• What happens if B refuses to deliver the book to A?

  If B refuses, A can proceed in rem or in personam, but the outcome is the same.
• How does a contract differ from a conveyance in terms of rights?

  A contract creates rights in personam, while a conveyance creates or transfers rights in rem.
• What change did Justinian make regarding res mancipi and res nec mancipi?

  Justinian abolished the distinction, making all corporeal things transferable by traditio with justa causa.
• Why is it difficult to define ownership in Roman law?

  The inferior modes of ownership complicate the definition of ownership.
• What historical development affected the definition of dominium?


  The historical development of rights over land and other things affected the definition of dominium.
• Why is it incorrect to say that dominium is simply the right to use, enjoy, and abuse a thing?

  This is incorrect due to the development of bonitary ownership.
• What limitations exist on the powers of ownership?

  Ownership powers can be restricted by the State and by the owner's own conferral of rights on others.
• How does Buckland define ownership?

  Buckland defines ownership as the ultimate legal title beyond others.
• What are the two acts involved in possession according to Paul?

  An act of the mind and an act of the body
• What does PHYSICAL (corpus) represent in possession?

  CONTROL