Roman Law - Concepts of Ownership
an action for claiming ownership of property
If it appears that the property on which there is suit belongs to [the claimant] [...], and the
property be not restored to [the claimant] at the award of the iudex, condemn [the defendant] to
[the claimant] for as much money as the property will be worth. Otherwise, absolve [the
defendant]. - ANS-Vindicatio
bonitary owner = BFP who had received a res mancipi from the dominus by traditio.
Would succeed against the dominus through the defence of thing sold and delivered (exceptio
rei venditae et traditae)
BO would also have succeeded against another BFP, unless he had himself sold and delivered
the thing to the BFP. - ANS-exceptio rei venditae et traditae - BO
Both for land taken by force
Unde vi
- sought within 1 year
Unde vi armata
- Gaius times would not have worked in the times of Gaius if the ejected party was holding the
property in stealth, force or license against the party who ejected them
- Justinian changed 'where a person seizes a thing by force he forfeits his ownership, or if the
thing was not his, must restore it to the victim of his violence and, over again, pay its value'
J.4.15.6
- "compels the ejector to restore possession to the other, provided that the one dispossessed
did not have possession by force, or stealth, or licence from him.
unde vi armata...Sometimes however, even if the person whom I have forcibly dispossessed
was possessing from me by force, stealth or licence, I am compelled to restore possession to
him, for instance, if I expelled him by force of arms." G.4.154-155 - ANS-Possessory interdicts
for recovering possession
Constantine (around 330AD) introduced.
Gives filiusfamilias greater rights over property he acquired in the course of public office. -
ANS-Peculiam quasi-castrense
Could not be dominus until
212 AD praetor granted actions that mirrored the effect of dominium
an action for claiming ownership of property
If it appears that the property on which there is suit belongs to [the claimant] [...], and the
property be not restored to [the claimant] at the award of the iudex, condemn [the defendant] to
[the claimant] for as much money as the property will be worth. Otherwise, absolve [the
defendant]. - ANS-Vindicatio
bonitary owner = BFP who had received a res mancipi from the dominus by traditio.
Would succeed against the dominus through the defence of thing sold and delivered (exceptio
rei venditae et traditae)
BO would also have succeeded against another BFP, unless he had himself sold and delivered
the thing to the BFP. - ANS-exceptio rei venditae et traditae - BO
Both for land taken by force
Unde vi
- sought within 1 year
Unde vi armata
- Gaius times would not have worked in the times of Gaius if the ejected party was holding the
property in stealth, force or license against the party who ejected them
- Justinian changed 'where a person seizes a thing by force he forfeits his ownership, or if the
thing was not his, must restore it to the victim of his violence and, over again, pay its value'
J.4.15.6
- "compels the ejector to restore possession to the other, provided that the one dispossessed
did not have possession by force, or stealth, or licence from him.
unde vi armata...Sometimes however, even if the person whom I have forcibly dispossessed
was possessing from me by force, stealth or licence, I am compelled to restore possession to
him, for instance, if I expelled him by force of arms." G.4.154-155 - ANS-Possessory interdicts
for recovering possession
Constantine (around 330AD) introduced.
Gives filiusfamilias greater rights over property he acquired in the course of public office. -
ANS-Peculiam quasi-castrense
Could not be dominus until
212 AD praetor granted actions that mirrored the effect of dominium
