Properties in ancient times
Introduction
Since ancient times property has been one of the basic and primary rights of human civilization. The Roman society developed in this part the most advanced and specific regime in matters of property law, thus being the basis of Western culture. During the time of Cicero, the word Mancipium was used to designate human property, subsequently the Dominiun Legitimun and ownerships.
Developing
The property was considered legitimate by Roman civil law, since it expressed itself through the word in bonis habere, where the words as bonitarity property and slob property came out later. In the time of the Romans to Justinian, the domain of the scholar property was limited by the law of the State. Roman law for property defense creates three institutions: claim, is used against the total violation of property right.
Publician Action, this action of a holder who has lost possession because of a usucapio. Negative action, it is used against the partial violation of a right, which affirms the existence of a real right outside the property. The property is defined as a right that a person exercises on a tangible thing and the owner can use, enjoy and dispose of his property. Property at this time was considered an absolute right.
There were also 3 faculties that the Roman had when he acquired the property. JUS UTENDI;Jus Fruendi;Ius Abutendi. They were due to the thing, since there were susceptible assets in civil society. For the procedure used in its acquisition. By reason of people, that is, it had to be a Roman citizen to have the right of commercial, according to the principles of civil law. The owner demanded powers through property. I could have the soil surface (above and under it).
He had the right to close it, that is, he could limit his property to differentiate it from another. They could perceive the fruits, sell them, read them. They had absolute right, that is, they not only acquired the benefits but also the obligations. The law forced to work and there were also laws of living in land without crops. The owner was subject to certain legal charges, they have characteristics: absolute, because the owner can enjoy, use and dispose of his property.
Exclusive, because it only belongs to the owner. Elastic, because the owner can yield his property to another person. Absorbent, because property covers the subsoil to heaven. Suritar property was related to the property right that everything exercised Roman about certain things, these things needed the exercise of an acquisition and the Romans called it the right of property. For them it was a right with which they not only had the right to enjoy or enjoy.
if not also formally or informally transferred. It is the property recognized by Roman civil law. Through the corpus ius civile the Romans created the surface society, that is to say what they could exercise about a thing. To acquire it they had 3 conditions. It had to be a Roman fund, it had to be within the limits of the Roman territory. The owner had to be Roman. That the acquisition mode is formal in civil law: Mancipatio (sale) or in jurce cessation (law session).
BONITARY PROPERTY: It is the tradition of a thing without the formalities established by Roman civil law, that is, it is the transmission based on tradition. The owner has the possession and attributes of the property, that is, to use, dispose and enjoy;But before civil law he does not own. The bonitarian property is sanctioned and regulated by Pretorian law. It was introduced in the period that formulates the first modifications of the human laws made by the Emperor.
There was the usucapio that was a way of acquiring property, that is, the person who permanently occupied a peaceful property was owned when a praetor came to legally recognize it after having met a series of requirements. It was related to the Jus Gentium (the right of people) or that right that was not part of the Roman citizenship system;This occurred when the pilgrim were not excluded in this part, since they belonged to the State.
These properties were directed by people that the emperor named or people who led by tradition or custom. These people paid the emperors who gave way to these lands, these lands were far from Rome. The concept that ruled at that time was that all lands belonged to the State, however, the State could give these lands to whom they could exercise full property. This property only involved a right of possession and usufruct to its dealerships.
Property in the different historical stages of law legal effects. The holder came to be the owner. They had 3 faculties: use, enjoy and dispose. Initially it was sacrosanct, absorbent, absolute and also limited (but with limits that are not presumed). There were two types of owners: full owner: who had the three faculties in his own person. Owner knot: the one who only has the power of the provision, since the remaining two have the usufructuary.
conclusion
There was a quiritary, bonitarian, provincial and pilgrim property. There are two types of acquisition. Usucapio: possession of good faith;The belief of acquisition by legitimate means. Prescribed: possession of bad faith. Any act of disturbance to be given, is protected by law. There were possessory interdicts, they are the means of judicial defense to protect possession. There are two types of interdes: conservatories and restorative. Conservatories, they are the end of disturbance, that is, it ends violence.
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