Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-lvwk9 Total loading time: 0 Render date: 2024-09-11T15:20:15.830Z Has data issue: false hasContentIssue false

2 - Acquistion of Ownership by traditio and Acquisition of Possession

from ROMAN LAW

Published online by Cambridge University Press:  05 August 2013

William Gordon
Affiliation:
University of Glasgow
Get access

Summary

It is notorious that the classical law on the acquisition of possession by persons in potestas is far from clear. Justinian's law appears to be that where possession is acquired in respect of the peculium the paterfamilias acquires possession immediately the person in potestas takes the thing. The paterfamilias need not have authorised the taking and he need not know of it. Where possession is acquired otherwise than for the peculium, however, the paterfamilias only acquires where he has authorised the taking or when he learns of it. It is probably the dominant opinion that this scheme also represents the classical law, but it has long been maintained by some that in classical law the paterfamilias automatically acquired possession of whatever a person in his potestas took and that the existence of a peculium was either completely irrelevant, as has recently been maintained by Nicosia or at least was relevant only in certain circumstances, such as in determining the beginning of a usucapio, the view more recently defended by Watson. A question arising in the course of this dispute is whether the rules, whatever they were, were the same for acquisition of possession and acquisition of ownership by traditio and I propose to consider this question and then deal briefly with the rules of acquisition of possession.

Type
Chapter
Information
Roman Law, Scots Law and Legal History
Selected Essays
, pp. 18 - 34
Publisher: Edinburgh University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×