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''Res mancipi'' was one of the categories of
''Res mancipi'' was one of the categories of property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
in 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 J ...
. The other was ''res nec mancipi''.
Romans viewed ''res mancipi'' as that property of particular importance to them, at least in early Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus (legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
. Gaius
Gaius, sometimes spelled ''Gajus'', Kaius, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen).
People
*Gaius (jurist) (), Roman jurist
*Gaius Acilius
*Gaius Antonius
*Gaius Antonius Hybrida
*Gaius Asinius Gallus
*Gaius Asinius Pol ...
(Institutes
An institute is an organisational body created for a certain purpose. They are often research organisations (research institutes) created to do research on specific topics, or can also be a professional body.
In some countries, institutes can ...
2.14a - 2.22) explains the difference between the two categories of property by giving example of what constitutes ''res mancipi'' and ''res nec mancipi''. He tells us that lands and houses on Italic soil, beasts of burden, slaves
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
, and rustic and praedial servitudes are all ''res mancipi''. Gaius goes on to say that ''res mancipi'' may only be conveyed formally, that is either by the ''mancipatio In Roman law, ''mancipatio'' (f. Latin ''manus'' "hand" and ''capere'' "to take hold of") was a solemn verbal contract by which the ownership of certain types of goods, called ''res mancipi'', was transferred.
''Mancipatio'' was also the legal proc ...
'' ceremony, or '' in iure cessio''.
The distinction between ''res mancipi'' and ''res nec mancipi'' was formally abolished by Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565.
His reign is marked by the ambitious but only partly realized ''renovat ...
in Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
.
References