Roman Legislative Actions and Property Rights

Posted on Feb 9, 2025 in Law & Jurisprudence

Item 21: Procedure for Legislative Action

The first procedure for trial is recognized in the Twelve Tables. Statements made by the same person that made the recognition pair became law before magistrates. It was a formalization of private revenge, probably archaic, that occurred first. It was exclusive to Roman citizens and was done in Rome. Held in 2 phases:

  • In jure
  • Apud iudicem

Phase in Iudicem Apud

In jure and de jure: The trial was held during the day and began when the defendant told the judge. If the judge approved the action, the defendant left the plaintiff and the thing was taken.

Apud Iudicem

Then there is the apud iudicem phase, which was before the judge and was made in the forum.

The Various Legislative Actions

“Declaratory actions” – the per sacramentum, the per iudicis arbitrive postulationem, the per condictionem and “executive actions” – the per manus iniectionesm, the per Pignoris capionem

  • Actions Declarative
    • The per sacramentum à Twelve Tables
    • The per iudicis arbitrive postulationem à Twelve Tables
    • The per condictionem à begins with Lex Silia 300 a. C. It gives money to claim a debt. In 250 BC C. For the Lex Carnunia was created to prevent the great power of the 1st Law seems that you start to use for the debts between each other, not for offense. What it does is appoint a judge to see the case. It is abstract, not to say he was born the debt. In this legis actio, the judge is usually a senior citizen social, and should not let the 30 days you have to solve the trial. Here we present evidence of the facts, and among the most important evidence and witnesses are not certain that these witnesses were to be filed by law. This statement creates rights between the parties.
  • Executive Actions
    • The per manus iniectionesm à Twelve Tables
    • The per Pignoris capionem: It is done by making a pledge. This legislative is that the creditor took possession of a thing in the debtor’s home and wears it. There has to be a judge, can be good and bad days. The creditor can take it even if the debtor were at home. All they had to do is say a few words to know because he is doing. For the price of a horse to be sacrificed to the gods. By renting a caballo. Por custom, which was used for military use. It is doubtful that’s what happened with the creditor who is taking

Sententia

This is the advice he gives the people, creates rights between the parties, once given the sentence can not become the case and is final.

A) Ownership and Rights in Rem

Item 25: Things: Concept

Things: Concept

Definition of thing: material objects that are in the world, separated from us, on which there may be rights and obligations with economic value (res).

Various Classifications

  1. Res tangible and intangible res
    • Res corporal: tangible, can be perceived through the senses.
    • Res incorporal: law and legal situations (property)
  2. Res in heritage and res extra patrimonium
    • Res in heritage: those which form part of the assets of a person.
    • Res extra patrimonium: contrary, these things tend to be abandoned, which belong to nobody and therefore are outside the trade.
  3. Res extra comercium and beef in comercium
    • Res comercium extra: things that are not amenable to economic relations. It is an objective reality of the thing. It differs:
      • Res divini juris: right that men have to the gods, yield to the gods, are things sacred, religious and holy.
        • Res sacre: things consecrated to the gods above (e.g., temples). Persons who violate against a very good and are punished.
        • Res religious: for the cult of the dead, (sepulcros…) to have a grave religious body should be placed in him as final and in Rome should be at a certain distance from the city.
        • Holy things: which are placed under the protection of the gods (doors and walls of the city) are supervised by very large penalties.
      • Res humani iuris: in them the right of each person assigned for public order. These things are common, public and universal (not in legal)
        • Extra commercial human fact. By its nature can not take one person to another (e.g., air)
        • Res publica: it belongs to the Roman people, collectively organized (forests, slaves…)
        • Res universitati: belong to the city (circuses, theaters…)