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Week 16 Tutorial 9

The document discusses key concepts of ownership and possession in Roman law, including the legal action of vindicatio to recover property. It highlights the significance of proving absolute ownership and the role of interdicts in protecting possessors. Additionally, it addresses the complexities of transferring possession for security and the differing rules for movables and immovables.

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3 views1 page

Week 16 Tutorial 9

The document discusses key concepts of ownership and possession in Roman law, including the legal action of vindicatio to recover property. It highlights the significance of proving absolute ownership and the role of interdicts in protecting possessors. Additionally, it addresses the complexities of transferring possession for security and the differing rules for movables and immovables.

Uploaded by

ziloshka07
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Week 16: Tutorial 9 – The law of Property: Ownership and Possession

Questions for discussion:

Define ownership and possession.


Did Roman law define these concepts? Yes, one of the concepts was discussed in
the article by
What is a vindicatio? Legal action to recover possession of their property from non-
owner. Recovers ownership from owner by owner
Who could use it and what was it used for? Capable ownership
What is the significance of calling rei vindicatio an actio in rem? The way of
acquisition
What exactly did you need to prove in order to succeed with this action? You have to
prove the absolute ownership
How do you visualise someone proving this?
What would the iudex award if you were successful?
Why did the Praetor grant interdicts to protect a possessor even against someone
claiming to be the Quiritary owner?
Under what circumstances could a possessor in bad faith succeed in interdictal
proceedings? In question who has better claim and you can bring inditict if it is in a
bad faith
What was the main purpose of the interdicts uti possidetis and utrubi? In respect the
land and in the relation of rule
What exactly was the fiction in the actio publiciana? The usucapio was completed
Who could use it?
What is meant by saying that whereas “bonitary” owners are in a virtually
unassailable position by classical times, bona fide possessors only have a relative
chance of retaining or regaining the property in question? The actual holder will win
Was it possible to transfer possession in order to give real security to the lender?
Did real security follow the same rules for both movables and immovables? In the
case of different rules , the contract. You also lose the land

Reading list:

Borkowski 153 – 157; 157 – 161; 174 – 181; 306-309


Capogrossi Colognesi (Chapter 40); Baldus (Chapter 41) in the Oxford handbook of
Roman law and society (2016) [online access via DiscoverED]
Nicholas 99 – 103; 107 – 115; 125 – 130; 149 – 157
Thomas 136 – 137; 147 – 150; 329-334
Buckland 186 – 204; 470-478, 478-481
Birks The Roman concept of dominium and the idea of absolute ownership 1985
Acta Juridica 1 ff
***

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