Roman law and ways of protecting property in general

Roman law and ways of protecting property in general

In Roman law, only two rights are recognized, describing naked possession independent of all property; they are called Usucaption and Interdicts. Education was initially provided for in the Law of the Twelve Tables, which the Romans adopted in the year before Christ.

Uzucapio is formed by combining the words ‘usus’ (use) and ‘capio-ere (to take) and means profit through use-possession. At this early stage, the Romans made no distinction between winning prescriptions and extinguishing prescriptions.

Both the movable items’ owner and the immovable items’ ownership were acquired with the winning prescription. Thus, in the old Roman law, all the Rome citizens could acquire the property with a winning prescription if they were sui juris. Without interruption (sine in the corruption), they owned the movable object for one year, while the immovable one for two years. Thus, mere possession was independent of other rights, which is the establishment of the property itself.

To acquire ownership of the thing with Usucaption in ancient Roman law depending on the development of the private property, which was in its infancy, no strict conditions were required. Thus, the acquisition of ownership of things only the fact of possession of the item and its economic use was sufficient.

The term of possession of the item for the effect of the winning statute of limitations was not met if its continuation was interrupted before the deadline expired. The actions envisaged for the interruption of the continuation of the winning prescription were only symbolic: a branch of a tree was broken, they came to the ground, visited his house. Characteristic in Roman law is that the winning statute of limitations was not interrupted by the filing of new lawsuit retribution but by the trial’s conclusion in case of its acceptance. In case of termination of the winning statute of limitations, the new term started from the moment of termination.

The time elapsed for the winning prescription was calculated to the universal successors since law IIX tables. Roman law has recognized two cases in which property is acquired simultaneously with the possession, which is the possession of an item with no owner and the delivery by the owner’s hand. In both cases, control is the natural ground of ownership, which jurists call modus acquired, but living as an exceptional continuous condition is the ground of gaining this right because possession and ownership together begin at the exact moment.

Consequently, no unique legal character of control can be accepted, as long as the possessor has no right to be exercised. Thus occupation and surrender whenever they relate to the form of action can be used as authority for possession, albeit when they do not mention control. This rule has already been indirectly mentioned in the list of references.

The object of possession in Roman law was physical objects or natural rights. Non-items Possession of the item was divided into owner possession and non-owner possession. The owner possessed the thing based on his right of ownership. In contrast, all other possessors kept the thing based on any legal work related to the owner or based on any legal work that was in order as far as face and face and had to make them the owner or based on some illegal act, which in no case could justify the possession of the bodily thing were not the object of control.