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Civil Law I > Roman vocabulary > Flashcards

Roman vocabulary Flashcards

1
Q

Augustus allowed sons to keep anything acquired during their military service

A

Peculium castrense

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2
Q

Freedom

A

Libertas

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3
Q

Citizenship

A

Civitas

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4
Q

Family

A

Familia

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5
Q

Rights and obligations for slave made contracts

A

Actio quod iussu; actio de peculio; actio tributa; actio institoria; actio exercitoria

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6
Q

Slave ‘marriage’

A

Contubernium

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7
Q

Things owned by no one (land; air…)

A

Res communes (J.2.1.1)

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8
Q

Things owned by all - the property of collectivity itself

A

G.2.11; res publicae (J.2.1.2)

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9
Q

Things belonging to societies

A

Res universitatis (J.2.1.6)

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10
Q

Things belonging to no one

A

Res nullius

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11
Q

Things belonging to the Gods

A

Res sacrae (J.2.1.8)

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12
Q

Things to do with religion (burial land…)

A

Res religiosae (J.2.1.9)

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13
Q

Things that are sanctified (gates; walls to city)

A

Res sanctae (J.2.1.10)

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14
Q

Action for the dominus

A

Ad exhibendum; Rei vindicatio

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15
Q

Defendant bonitary owner’s action in the Actio Publiciana

A

Exceptio venditae et traditae

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16
Q

Claimant bonitary owner’s action in the Actio Publiciana

A

Replicatio venditae et traditae to the dominus’ eccepito iusit dominii

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17
Q

Possessory interdicts

A

Quorom bonorum - acquisition
Utrubi (movables) and uti possidetis (land) - retainment
Utrubi (movables); unde vi (immovables) and unde vi armata (immovables with arms) - regaining

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18
Q

The first taker of a res nullius acquires dominium.

A

Occupatio

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19
Q

Abandoned property

A

Res derelictae

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20
Q

Wild animals

A

Ferae naturae

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21
Q

Tame animals

A

Domitae naturae

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22
Q

Mixing two objects where there is no principal and accessory (eg. wine)

A

Confusio (J.2.1.27) - actio communi dividundo

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23
Q

Mixing two objects together which are easily separable (eg. sheep)

A

Commixtio (J.2.1.28)

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24
Q

Attaching two objects together which are easily separable (eg. wheel to chariot)

A

Adiunctio

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25
Q

Where silt builds up on land

A

Alluvio (G.2.70) - new owner

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26
Q

Where a torrent detaches land

A

Avulsio (G.2.71) - old owner until roots

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27
Q

Where an island appears

A

Insula nata

  • in the sea: new owner by occupatio
  • in the river: bank division
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28
Q

Where D builds on X’s land with his own materials

A

Bad faith: gift to X.
Good faith:

  • in possession: D has exceptio doli for materials’ value.
  • out of possession: no remedy until late Empire.
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29
Q

Where D builds on his own land with X’s materials

A

Bad faith: X has actio de tigno iniucto (double value)
Good faith:

  • in possession: X has vindicatio when house collapses.
  • out of possession: D has vindicatio but must pay value of materials or X can use exceptio doli.
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30
Q

Where D sows his seeds on X’s land

A

Bad faith: gift to X.
Good faith:

  • in possession: D has exceptio doli.
  • out of possession: no remedy.
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31
Q

Thread

A

Textura - thread accedes to garment.

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32
Q

Writing

A

Scriptura - writing accedes to parchment (G.2.77)

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33
Q

Painting

A

Pictura - tablets accede to painting (G.2.78)

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34
Q

Where D (owner of principal) attaches the two res

A

Bad faith: X has actio furti
Good faith:

  • in possession: no remedy until late Empire.
  • out of possession: X has exceptio doli.
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35
Q

Where D (owner of the accessory) attaches the two res

A

Bad faith: gift to X.
Good faith:

  • in possession: D has exceptio doli.
  • out of possession: no remedy.
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36
Q

The merging of two or more res to create a nova species

A

Specificatio

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37
Q

Where the creator of the nova species is the owner.

A

Bad faith: X has actio furti but D keeps res.
Good faith:

  • in possession: no remedy.
  • out of possession: X has exceptio doli.
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38
Q

Where the creator of the nova species is not the owner.

A

Bad faith: gift to X.
Good faith:

  • in possession: D has exceptio doli.
  • out of possession: D has no remedy.
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39
Q

The transfer of ownership through delivery.

A

Traditio

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40
Q

“Pointing” delivery

A

Traditio longa manu

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41
Q

“Already delivered and keeping” delivery

A

Traditio brevu manu

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42
Q

“No delivery because seller keeps res” delivery

A

Constitutum possessiorum

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43
Q

“Metaphorical” delivery

A

Traditio symbolica

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44
Q

Errors in traditio

A

In corpore; in persona; in nomine…

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45
Q

A deposit where the owner cannot be traced

A

Thesauri inventio (D.41.1.31.1)

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46
Q

Imperial treasury

A

Fiscus

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47
Q

Ownership upon severance of the principal and accessory

A

Separatio - for bona fide possessor and emphyteuta

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48
Q

Ownership upon gathering of the accessory

A

Perceptio - for the colonus and the usufructuary

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49
Q

The transfer of res mancipi

A

Mancipatio

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50
Q

Action where the transferor did not have title to transfer

A

Actio auctoritatis

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51
Q

Action where the size of the land was overstated

A

Actio de modo agri

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52
Q

The transfer of res mancipi before a magistrate

A

Cessio in iure (G.2.24)

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53
Q

The acquisition of ownership by continued possession

A

Usucapio (D.41.3.3)

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54
Q

The adding of time of possession

A

Accessio temporis

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55
Q

The tainting of property by theft or violence

A

Vitium

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56
Q

Lengthy prescription of provincial land

A

Longi temporis praescriptio - 20 years/10 years

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57
Q

Very lengthy prescription of provincial land

A

Longissimi temporis praescriptio - 40 years

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58
Q

Division or adjustment of property

A

Adiudicatio - actio comuni dividendo; actio familia escirescunda; actio finium regundorum

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59
Q

The action for delimiting boundaries between neighbours

A

Actio finium regundorum

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60
Q

Acquisition of property through gifts

A

Donatio

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61
Q

Anything acquired by the bona fide serviens through its labour belonged to the dominus

A

Ex re dominii

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62
Q

A false ‘slave’

A

Bona fide serviens

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63
Q

Rights a person had by virtue of owning land

A

Praedial servitudes

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64
Q

Praedial servitudes relating to land

A

Rustic praedial servitudes

  • iter
  • actus
  • via
  • aquae ductus
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65
Q

No force; no secrecy and no permission

A

Nec vi; nec clam; nec precario

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66
Q

The action to claim the existence of a servitude

A

Actio confessoria

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67
Q

The action to negate the existence of a servitude

A

Actio negatoria

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68
Q

Praedial servitudes relating to buildings

A

Urban praedial servitudes

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69
Q

Personal servitude allowing the use and enjoyment of the things of another

A

Usufructuary (D.7.1.1) - quasi-usufruct for perishables.

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70
Q

Personal servitude allowing the use of the property but not the taking of fruits

A

Usus

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71
Q

Personal servitude allowing the right to live in a house.

A

Habitatio

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72
Q

Tha actions for the receiver of the personal servitude

A

Actio confessoria; actio furti (for stolen property); actio utilis (for damaged property).

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73
Q

The actions for the dominus/the giver of the personal servitude

A

Actio negatoria; the actio on the contract of the cautio

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74
Q

Long leasholder

A

Emphyteuta

75
Q

Contractual proprietary interest for building purposes

A

Superficies

76
Q

Contractual proprietary interest for surety - type of mortgage

A

Pignus

77
Q

Mistakes in contracts

A

Error in negotio (eg. thought sale, but was loan).
Error in corpore (eg. thought sale of X, but was sale of Y).
Error in persona (eg. thought sale to X, but was sale to Y).
Error in substantia (eg. essential quality)

78
Q

Action for fraud

A

Actio doli; excepito doli

79
Q

Action for duress

A

Actio quod metus causa; exceptio metus

80
Q

Real contracts

A

Contracts re

81
Q

Delay in contracts

A

Mora

82
Q

Strict liability for all loss not attributable to vis maior

A

Custodia

83
Q

Intentionally wrongful acts

A

Dolus

84
Q

Gross fault and negligence

A

Culpa lata (dolo aequiparatur)

85
Q

Failure to show exacta diligentia of a bonus paterfamilias

A

Culpa levis in abstracto

86
Q

Failure to show exacta diligentia of one’s self

A

Culpa levis in concreto

87
Q

Solemn declaration of the composition of a dowry

A

Dotis diction

88
Q

Solemn oath by a freedman to his patron after manumission

A

Iusiurandum liberti

89
Q

Formal verbal contract

A

Stipulatio

90
Q

Action for a sum of money following a stipulation

A

Condictio certae pecuniae

91
Q

Action for a specific thing following a stipulation

A

Condictio triticaria

92
Q

Action for any act or abstention following a stipulation

A

Actio ex stipulatu

93
Q

A debt owed to one lender is promised to another lender

A

Adstipulatio

94
Q

A debt is to be paid by another

A

Adpromissio

95
Q

The written contract

A

Contract litteris

96
Q

Gratuitous loan for consumption

A

Mutuum - dominium of thing

97
Q

Action for the transferor in a mutuum contract

A 
Actio certae pecuniae (money-loan)
Condictio triticaria (other fungibles)
98
Q

Gratuitous loan of corporeal thing for use

A

Commodatum - detentio of thing

99
Q

Action for the borrower in commodatum

A

Actio commodati contraria and the ius retentionis

100
Q

Action for the lender in commodatum

A

Actio commodati directa

101
Q

The giving of a movable to be kept safely.

A

Depositum - detention of the thing

102
Q

Deposit in times of stress

A

Depositum miserabile - double damages

103
Q

Joint deposit

A

Depositum sequestratio - allowed possessio

104
Q

Deposit of money with a banker

A

Depositum irregulare - allowed dominium

105
Q

Action for the depositor

A

Actio depositi directa - and infamia results

106
Q

Action for the depositee

A

Actio depositi contraria and the ius retentionis

107
Q

Sale

A

Emptio venditio

108
Q

Thing

A

Merx

109
Q

Conditional sale for something expected

A

Emptio rei speratae

110
Q

Sale of ‘chance’

A

Emptio spei

111
Q

Price

A

Pretum - had to be certum and verum

112
Q

Action where the price was not determined in a sale

A

Actio praescriptis verbis

113
Q

Principle where the sale of land was fixed at less than half the fair market price

A

Laesio enormis

114
Q

Stipulations for guarantee against eviction in sale

A 
Stipulatio duplae (for double price)
Stipulatio habere licere (for indemnity)
115
Q

Defects which the buyer was aware of or were obvious

A

Patent defects

116
Q

Let the buyer beware

A

Caveat emptor

117
Q

Defects which the buyer was unaware of or were not obvious

A

Latent defects

118
Q

Aedilician action for serious defects in slaves or pecus

A

Actio redhibitoria (within 6 months for full price with interest)

119
Q

Aedilician action for less serious defects in slaves in pecus

A

Actio quanti moris (within 1 year for difference in value)

120
Q

Action for the seller in a sale

A

Actio venditi (damages on seller’s interest in sale taking place)

121
Q

Action for buyer in a sale

A

Actio empti (damages based on buyer’s interest in sale taking place and consequential loss)

Exceptio adimpleti contractus where delivery has not occurred.

122
Q

Letting and hiring

A

Locatio conductio

123
Q

Hire of thing

A

Locatio conductio rei - conductor allows locator to use thing.

124
Q

Hire of services

A

Locatio conductio operarum - locator placed his services at disposal of conductor.

125
Q

Hire of piece of work

A

Locatio conductio operis - locator placed thing with conductor for him to do some work.

126
Q

Action for hiring and letting

A

Locator: actio locati
Conductor: actio conducti

127
Q

One person requests another to something gratuitously

A

Mandatum

128
Q

Action for mandate

A

Mandator: actio mandati directa and infamia
Mandatarius: actio mandati contraria with cognitivo extraordinaria for remuneration.

129
Q

The union of funds, skill or labour

A

Societas

  • societas unius rei (for a single transaction)
  • societas alicuius negotiationis (in particular business)
  • societas omnium bonorum qua ex quaestu veniunt (all businesses)
  • societas omnium bonorum (all assets)
130
Q

Actions for a partnership

A

Actio pro socio and the actio communi dividundo

131
Q

Exchange or barter

A

Permutatio

132
Q

Brokage (sell or return)

A

Aestimatum - actio aestimatoria?

133
Q

Grant at will of permissive occupancy of land in early law and gratuitous grant of anything in later law.

A

Precarium

134
Q

Compromise in a legal dispute

A

Transactio

135
Q

Actions for the innominate contracts

A

Actio in factum

Actio praescriptis verbis

136
Q

Pact not to sue

A

Acceptilatio - has the exceptio pacti

137
Q

Pacts to vary obligations

A

Pacta adiecta

138
Q

Unofficial contracts

A

Pacta vestitia

139
Q

Conducting of another’s affairs without their authorisation

A

Negotiorum gestio

140
Q

Actions for the negotiorum bestie

A

Dominus: actio negotiorum gestio directa.
Gestor: actio negotiorum gestio contraria.

141
Q

Restitution where there has been an error in payment

A

Condictio indebiti certae pecuniae (for money)
Condictio indebiti triticaria (for things)
Condictio incerti (release from obligation)
Condictio furtiva (where the receiver is mala fides)

142
Q

Wrongful property damage

A

Damnum iniuria datum under the lex Aquilia

143
Q

Positive damages

A

Damnum emergens

144
Q

Loss of profit

A

Lucrum emergens

145
Q

Action for damnum iniuria datum

A

Actio legis aquliae (double damages)

146
Q

Death to property

A

Chapter I - killing/occidere

147
Q

Damage to property

A

Chapter III

  • burning, breaking or spoiling/tearing asunder
  • urere, frangere, rumpere/corrumpere
148
Q

By the body to the body

A

Corpore corpori

149
Q

By the body not to the body

A

Corpore non corpori (eg. knocking coins)

150
Q

To the body not by the body

A

Corpori non corpore (eg. poison)

151
Q

Not by the body not to the body

A

Nec corpore nec corpori (eg. release slave)

152
Q

Supplementary actions where the action directly on the lex Aquilia would fail

A

Actio in factum

Actio utilis

153
Q

The guilt would follow the individual

A

Noxa caput sequitur

154
Q

Action for damage by animals

A 
Actio de pauperie (domitae naturae)
Edictum de feris (ferae naturae)
Actio utilis (not four-footed animals)
155
Q

Interference with property

A

Contrectatio

156
Q

Of a thing, its use or possession

A

Of a merx; usus; or possessionis

157
Q

Intentional dishonesty (dolus) and no consent in theft

A

Fraudulosa

158
Q

Theft

A

Furtum

159
Q

Intent to steal

A

Animus furandi

160
Q

Intent to make a gain/profit

A

Animus lucrandi

161
Q

Actions for theft

A

Actio furti manifesti (fourfold damages)
Actio furti nec manifesti (twofold damages)
Vindicatio
Condictio furtiva

162
Q

Theft by receiving

A

Actio furti concepti (threefold damages)

163
Q

Theft by planting

A

Actio furti oblati (threefold damages)

164
Q

Theft by prohibition

A

Actio furti prohibiti (fourfold damages)

165
Q

Robbery

A

Rapina

166
Q

Action for robbery

A

Actio vi bonorum raptorum (threefold damages)

167
Q

Delict of outrage

A

Iniuria

168
Q

Disrespect/insult

A

Contumelia

169
Q

Against good morals

A

Contra bonos mores

170
Q

An intent to insult

A

Animus iniurandi

171
Q

The action for outrage

A

Actio iniuriarum (plaintiff assesses own damages)

172
Q

Aggravation

A

Atrocitas to make iniuria atrox (praetor assesses damages)

  • e facto
  • e persona
  • location
173
Q

Delict of fraud

A

Dolus

174
Q

Actions for fraud

A 
Restitutio in integrum
Exceptio doli
Actio doli (where fraud caused loss)
175
Q

Delict of duress

A

Metus

176
Q

Actions for duress

A

Restitutio in integrum
Exceptio metus
Actio quod metus causa (where duress caused loss)

177
Q

Delict of corrupting a slave

A

Servi corruptio

178
Q

Action for the corruption of a slave

A

Actio servi corruptio (twofold damages and consequential loss)

179
Q

Judge who makes the case his own

A

Iudex litem suam facit - actio in factum

180
Q

Action for things thrown or poured

A

Actio de rebus effusis vel deiectis (twofold damages)

181
Q

Action for things placed or suspended

A

Actio de posito et suspenso (ten solidi)

182
Q

Action for shippers, innkeepers and stablekeepers

A

Actio in factum (twofold damages)

183
Q

Accomplice liability

A

Ope et consilio

184
Q

No one can give what he does not have

A

Nemo dat quod non habet

Civil Law I (12 decks)

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