Roman Private Law
Created @October 3, 2022 2:16 PM
Class
Type
Materials
Reviewed
*Reading:
ownership, servitude and possesion
Jenna wae properties case
Roman Private Law & SA Property Law
Roman Law introduces fundamental concepts that apply to SA Property Law
Law of Things
govern the relationship between a legal subject and a thing (res) - wide meaning
attached to the concept of res
What is a Thing?
refer to physical objects (a table, house, piece of land) that have
economic/monetary value
is a debt a thing? →?
is a family photo a thing? →it depends (if people would pay to get a photo, it is a
thing)
Roman Private Law 1
, The Classification of Things:
1. Corporeal and Incorporeal
res corporales - a corporeal thing is something that can be touched
res incorporales - something that cannot be touched
*only corporeal things can be possessed
2. Public and Private
whether or not things could be owned privately. Importance of ownership. if something
could not be privately owned →limits the ability to have ownership
Could not be privately owned:
res communes → things that belonged to everyone. Everyone’s common use and
enjoyment (Eg: the air)
res publicae → state-owned property
res nullis → things belonging to no one (things belonging to the gods, protected by
the gods, places of the dead etc.)
Some res nullis were capable of private ownership:
wild animals (ferae naturae) and abandoned property (res derelictae)
3. Movables and Immovables
Res immobiles - immovable - Land and anything attached to the land (buildings, trees)
Res mobiles - movables - everything that was not immovable
Roman Private Law 2
Created @October 3, 2022 2:16 PM
Class
Type
Materials
Reviewed
*Reading:
ownership, servitude and possesion
Jenna wae properties case
Roman Private Law & SA Property Law
Roman Law introduces fundamental concepts that apply to SA Property Law
Law of Things
govern the relationship between a legal subject and a thing (res) - wide meaning
attached to the concept of res
What is a Thing?
refer to physical objects (a table, house, piece of land) that have
economic/monetary value
is a debt a thing? →?
is a family photo a thing? →it depends (if people would pay to get a photo, it is a
thing)
Roman Private Law 1
, The Classification of Things:
1. Corporeal and Incorporeal
res corporales - a corporeal thing is something that can be touched
res incorporales - something that cannot be touched
*only corporeal things can be possessed
2. Public and Private
whether or not things could be owned privately. Importance of ownership. if something
could not be privately owned →limits the ability to have ownership
Could not be privately owned:
res communes → things that belonged to everyone. Everyone’s common use and
enjoyment (Eg: the air)
res publicae → state-owned property
res nullis → things belonging to no one (things belonging to the gods, protected by
the gods, places of the dead etc.)
Some res nullis were capable of private ownership:
wild animals (ferae naturae) and abandoned property (res derelictae)
3. Movables and Immovables
Res immobiles - immovable - Land and anything attached to the land (buildings, trees)
Res mobiles - movables - everything that was not immovable
Roman Private Law 2
