Alluvion (Roman Law)
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Alluvion (Roman Law)
Alluvion, is a Roman law method of acquisition of heritable property (land). The typical cause is sediment (alluvium) deposited by a river. This sediment, legally termed ''the accessory, accreses'' (i.e., merges with) a piece of land, the principal, (operating a subtype of the Roman mode of acquisition by accession) and thus accedes to the ownership of the principal land over time. It continues to have relevance in the modern age, as a result of the adoption of Roman property law by modern legal systems, primarily civil law jurisdictions. Scots law is a notable example of the usage of alluvion within the law of accession (accesio). Public international law also recognises the acquisition of sovereignty of virgin territory by operation of nature such as sediment deposits, again following the Roman law principles of alluvion. See also *Alluvial fan *Alluvial plain *Accession (Scots law) Accession or Accessio is method of original acquisition of property under Scots property l ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Alluvium
Alluvium (from Latin ''alluvius'', from ''alluere'' 'to wash against') is loose clay, silt, sand, or gravel that has been deposited by running water in a stream bed, on a floodplain, in an alluvial fan or beach, or in similar settings. Alluvium is also sometimes called alluvial deposit. Alluvium is typically geologically young and is not consolidated into solid rock. Sediments deposited underwater, in seas, estuaries, lakes, or ponds, are not described as alluvium. Floodplain alluvium can be highly fertile, and supported some of the earliest human civilizations. Definitions The present consensus is that "alluvium" refers to loose sediments of all types deposited by running water in floodplains or in alluvial fans or related landforms. However, the meaning of the term has varied considerably since it was first defined in the French dictionary of Antoine Furetière, posthumously published in 1690. Drawing upon concepts from Roman law, Furetière defined ''alluvion'' (the F ...
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Accessio (Roman Law)
''Accessio'' is a concept from Ancient Roman property law that decided ownership of property (the accessory) which is ''merged'', or ''acceded to'', another piece of property (the principal). In general the owner of the principal thing, whichever it is, became the owner of the ''acceded'' thing also. Its usage continues in modern times in legal systems around the world employing Roman property law, primarily civilian legal systems. ''Accessio'' was not a specific rule of original acquisition of property in itself, instead it served as the principle underlying the modes of acquisition that had their own particular guidelines for determination of ownership. Accessio in Roman Law The most undisputed kind of ''accessio'' arises from the union of a thing with the ground; and when the union between the ground and the thing is complete, the thing belongs to whoever owns the ground. Thus if a someone builds on ground that someone else owns, the building belongs to the owner of the grou ...
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Human History
Human history, also called world history, is the narrative of humanity's past. It is understood and studied through anthropology, archaeology, genetics, and linguistics. Since the invention of writing, human history has been studied through primary and secondary source documents. Humanity's written history was preceded by its prehistory, beginning with the Paleolithic ("Old Stone Age") era. This was followed by the Neolithic ("New Stone Age") era, which saw the Agricultural Revolution begin in the Middle East around 10,000 BCE. During this period, humans began the systematic husbandry of plants and animals. As agriculture advanced, most humans transitioned from a nomadic to a settled lifestyle as farmers in permanent settlements. The relative security and increased productivity provided by farming allowed communities to expand into increasingly larger units, fostered by advances in transportation. The earliest complex societies appeared in fertile river valleys ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ...
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Accessio (Scots Law)
Accession or Accessio is method of original acquisition of property under Scots property law. It operates to allow property (the accessory) to ''merge with (or accede to)'' another object (the principal), either moveable or heritable (land). Accessio derives from the Roman law concept of the same name. Other jurisdictions employ similar rules. The leading case in this area is said to be ''Brand's Trustees v Brand's Trustees'' ''(1876) 3 R (HL) 16.'' A common example is a tree (the accessory) acceding to the land (the principal), thereby the tree is owned by the owner of the land on which it is planted by the operation of accession. Accession may appear similar to other modes of original acquisition, but each mode has discrete differences. Importantly, accession does not produce a new object (rem) in itself, such as specificatio, accesio merely accessorises one object to another (the principal). Types of Accession There are broadly two types of accession: (1) natural accession ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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Acquisition Of Sovereignty
A number of methods of acquisition of sovereignty are or have been recognised by international law as lawful methods by which a state may acquire sovereignty over territory. International law adopts much of Roman property law in regards to acquisition of sovereignty due to the underlying European civil law at the time of early discovery voyages such as Christopher Columbus. The basis of acquisition of states ownership of vacant territory therefore continues to apply, (and was often applied historically to land already possessed by indigenous populations). Accretion Accretion refers to the physical expansion of an existing territory through geological processes, such as alluvion (the deposit of sediment) or vulcanism. Cession A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the L ...
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Alluvial Fan
An alluvial fan is an accumulation of sediments that fans outwards from a concentrated source of sediments, such as a narrow canyon emerging from an escarpment. They are characteristic of mountainous terrain in arid to semiarid climates, but are also found in more humid environments subject to intense rainfall and in areas of modern glaciation. They range in area from less than to almost . Alluvial fans typically form where flow emerges from a confined channel and is free to spread out and infiltrate the surface. This reduces the carrying capacity of the flow and results in deposition of sediments. The flow can take the form of infrequent debris flows or one or more ephemeral or perennial streams. Alluvial fans are common in the geologic record, such as in the Triassic basins of eastern North America and the New Red Sandstone of south Devon. Such fan deposits likely contain the largest accumulations of gravel in the geologic record. Alluvial fans have also been found on Mars ...
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Alluvial Plain
An alluvial plain is a largely flat landform created by the deposition of sediment over a long period of time by one or more rivers coming from highland regions, from which alluvial soil forms. A floodplain is part of the process, being the smaller area over which the rivers flood at a particular period of time, whereas the alluvial plain is the larger area representing the region over which the floodplains have shifted over geological time. As the highlands erode due to weathering and water flow, the sediment from the hills is transported to the lower plain. Various creeks will carry the water further to a river, lake, bay, or ocean. As the sediments are deposited during flood conditions in the floodplain of a creek, the elevation of the floodplain will be raised. As this reduces the channel floodwater capacity, the creek will, over time, seek new, lower paths, forming a meander (a curving sinuous path). The leftover higher locations, typically natural levees at the margins ...
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