Sources

Question 1

“All men are free men or slaves”

Answer 1

D.1.5.3

Question 2

“The slave was a human being who could be owned … the one human chattel”

Answer 2

Thomas

Question 3

Anything acquired by slave belonged to his dominus

Answer 3

D.41.1.10.1

Question 4

Corporeal/Incorporeal distinction.

Incorporeals cannot be possessed.

Answer 4

G.2.12

Question 5

Res communes

Answer 5

J.2.1.1

Common to all men

Question 6

Res publicae

Answer 6

J.2.1.2

Belonging to the state

The “property of collectivity itself” (G.2.11)

Question 7

Res universitatis

Answer 7

J.2.1.6

Owned by corporate public bodies

Question 8

Res sacrae

Answer 8

J.2.1.8

Temples, churches…

Question 9

Res religiosae

Answer 9

J.2.1.9

Graves, burial ground

Question 10

Res sanctae

Answer 10

J.2.1.10

Protected by God - eg. city walls

Question 11

Res mancipi list

Answer 11

G.2.14a

Slaves, oxen, asses, mules, horses, Italic land, rustic praedial servitudes.

Question 12

Modes of delivery distinction between res mancipi and res nec mancipi

Answer 12

Res nec mancipi = informal delivery
G.2.19

Res mancipi = formal delivery
G.2.22

Question 13

Distinction between res mancipi and res nec mancipi abolishment

Answer 13

C.7.31.1.5

Question 14

“Ownership has nothing in common with possession” (Ulpian)

Answer 14

D.41.2.12.1

Question 15

Loss of animus/corpus means a loss of possession.

Answer 15

D.41.2.3

Question 16

Loss animus/corpus is not always a loss of possession

Answer 16

D.41.2.8

Question 17

A bonitary owner can become dominus through usucapio

Answer 17

G.2.41

Question 18

Possession is made up of animus and corpus

Answer 18

D.41.2.3.1

Question 19

A bona fide possessor would lose against the bonitary owner in the actio Publiciana

Answer 19

D.44.4.4.32

Question 20

A bonitary owner was considered a type of dominus. (= not majority view)

Answer 20

G.2.40

Question 21

The first taker of res nullius becomes the dominus

Answer 21

G.2.66

Question 22

Effective control is needed to remain dominus of ferae naturae

Answer 22

G.2.67

Question 23

One remains dominus of creatures with a habit of returning until they abandon the home

Answer 23

G.2.68

Question 24

One becomes dominus of enemy property by occupatio

Answer 24

G.2.69

Question 25

Confusio

Answer 25

J.2.1.27 - mixture with no principal/accessory (eg. wine)

Question 26

Commixtio

Answer 26

J.2.1.28 - mixture but readily separable

Question 27

Alluvio

Answer 27

G.2.70

Question 28

Avulsio

Answer 28

G.2.71

Question 29

Insula nata

Answer 29

G.2.72

Question 30

Demolition of houses is forbidden

Answer 30

G.2.73

Question 31

Scriptura accedes to the parchment

Answer 31

G.2.77

Question 32

Tablets accede to the pictura

Answer 32

G.2.78

Question 33

Nova species controversy where the materials belonged wholly to another

Answer 33

G.2.79

Question 34

Traditio - causa controversy

Answer 34

Julian D.41.1.36 - putative causa Ulpian D.12.1.18 - iusta causa

Question 35

Thesauri invention is a “deposit of money”

Answer 35

D.41.1.31.1

Question 36

Gaius refers to mancipatio as an imaginary sale

Answer 36

G.1.119

Question 37

Cessio in iure was the transfer of ownership before the magistrate

Answer 37

G.2.24

Question 38

Definition of usucapio

Answer 38

Usucapio was the “acquisition of ownership by continued possession” D.41.3.3

Question 39

Usucapio: bona fides requirement

Answer 39

G.2.43

Question 40

Usucapio: the causa

Answer 40

Prevailing view D.41.3.27 - iusta causa Pomponius D.41.10.3 - putative causa

Question 41

Purging of vitium

Answer 41

By returning to dominus or if the dominus is aware and takes no steps to retrieve the property. J.2.6.8

Question 42

Longissimi temporis praescriptio was irrespective of bad faith

Answer 42

C.7.39.2

Question 43

Anything acquired by a slave or filius vested in the dominus or pater

Answer 43

D.41.1.32

Question 44

The slave as a usufruct - acquisition of property for usufructuary/dominus rules

Answer 44

D.41.1.10.3

Question 45

The bona fide serviens - acquisition of property for rules

Answer 45

D.41.1.10.4 Anything acquired outside of normal labour belonged to the “slave” - D.41.1.19

Question 46

Servitudes could not impose active duties

Answer 46

D.8.1.15.1

Question 47

Servitudes must be reasonably exercised

Answer 47

D.8.1.9

Question 48

Praedial servitudes were attached to land and not people

Answer 48

D.8.4.12

Question 49

Servitudes must be economically beneficial

Answer 49

D.8.1.15

Question 50

Usufruct definition

Answer 50

“The right to use and enjoy the things of another without impairing their substances” Paul, D.7.1.1

Question 51

Usufruct: rule as to the offspring of slaves

Answer 51

Belonged to the dominus Brutus, D.7.1.6.8

Question 52

Usufruct: controversy as to the offspring of animals

Answer 52

Pomponius, D.7.1.6.9 - the offspring belonged to the usufructuary who then had a duty to divest himself. Julian, D.7.1.70.1 - the offspring were in suspense until the allocation had been made.

Question 53

Usufruct: the property could be improved as long as this did not alter its character.

Answer 53

D.7.1.13.4

Question 54

Usufruct: a pars dominii?

Answer 54

Yes: D.7.1.4 No, an independent right: D.50.16.25