Adverse possessionAdverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission (license) of its legal owner.
FurtumFurtum was a delict of Roman law comparable to the modern offence of theft (as it is usually translated) despite being a civil and not criminal wrong. In the classical law and later, it denoted the contrectatio ("handling") of most types of property with a particular sort of intention – fraud and in the later law, a view to gain. It is unclear whether a view to gain was always required or added later, and, if the latter, when.
UsucaptionUsucaption (Latin: usucapio), also known as acquisitive prescription, is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e., title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence).MancipatioIn 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 (res mancipi) was transferred. Mancipatio was also the legal procedure for drawing up wills, emancipating children from their parents, and adoption. Res mancipi were forms of property important in an early agrarian society: land, cattle, and slaves.
Res mancipiRes mancipi was one of the categories of property in Roman law. The other was res nec mancipi. Romans viewed res mancipi as that property of particular importance to them, at least in early Rome. Gaius (Institutes 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, and and are all res mancipi.
TheftNonconsensual taking of someone's propertyThe Cunning Thief by Paul-Charles Chocarne-Moreau, depicting a thief about to steal a baked goodTheft (from Old English þeofð, cognate to thief) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.
Twelve TablesThe Twelve Tables (Latin: Lex Duodecim Tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws. In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic.
CiceroRoman statesman and lawyer (106–43 BC)Marcus Tullius Cicero ( , Classical Latin:; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, and writer who tried to uphold optimate principles during the political crises of the Roman Republic that led to the establishment of the Roman Empire. The extensive writings of Cicero include treatises on rhetoric, philosophy, and politics.
Theodosius IITheodosius II (Ancient Greek: Θεοδόσιος Theodosios; 10 April 401 – 28 July 450), called "the Calligrapher", was Roman emperor from 402 to 450. He was proclaimed Augustus as an infant and ruled as the Eastern Empire's sole emperor after the death of his father Arcadius in 408.
Roman lawRoman law is the 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 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 (963–1806).Prescription (sovereignty transfer)Prescription, in international law, is sovereignty transfer of a territory by the open encroachment by the new sovereign upon the territory for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign. It is analogous to the common law doctrine of easement by prescription for private real estate.
Good faithIn human interactions, good faith (Latin: bona fidēs) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. It is an important concept within law and business. The opposed concepts are bad faith, mala fides (duplicity) and perfidy (pretense). Bona fidesBona fides is a Latin phrase meaning "good faith". Its ablative case is bona fide, meaning "in good faith", which is often used in English as an adjective to mean "genuine".*As an Amazon Associate I earn from qualifying purchases.