Notion of Things

In the classical period, the concept of things in Roman law was developed. of broad meaning. This broad concept covered not only things in in the usual sense of the material objects of the outside world, but also legal relationships and rights exam.

Things are flesh and bloodless. Gaius still divides things into bodily things. (corporales), which can be touched (quae tangi possunt) and are unimportant (incorporales) that cannot be touched (quae tangi non possunt). As examples of res incorporales exams, Guy calls inheritance, usufruct, obligations. It should be noted that among the examples of res incorporales Guy Does not mention ownership rights: Roman lawyers do not clearly distinguish between rights ownership of the thing and of the thing itself, thus the right of ownership falls into their category of corpora,mental bodily things.

In an excerpt from Ulpian's commentary on the Pretorian edict in Digest at the... the question of what constitutes the subject of an inheritance claim is answered: "Universas res hereditarias in hoc iudi-cium venire, sive iura sive corpora "sint", successful i.e. the subject of this lawsuit is all things of inheritance, whether or not "rights" or "bodily objects."

Comparing this source location to examples given by Guy, I have to admit that by dividing things up between the bodily and the bodiless, Guy... understands by the latter not things, in the sense of objects of the outside world, but... rights learn.

Types of things.

Things are movable and immovable. The division of things into movable and immovable in Roman law wasn't very important. Both were subject almost the same legal rules public.

However, this natural division played a certain characteristic for both the slave-holding role of Rome. Real estate wasn't just land. plots (praedia, fundi) and the subsoil of the land, but also everything created by someone else's work on of the owner's land gifts. It was considered a natural or artificial part of the earth's surface - res soli. This included buildings, crops, the plantings. All of these objects, whether connected to the ground or fundamentally... bonded to its surface, were considered part of it. They're .

Were subject to the superficies solo cedit rule - made over the surface. follows the surface prepare. It was impossible to imagine a separate property. to the house and the ground. The air space above the plot is also was seen as part of the surface.

Res mobiles or per se moventes were understood to be furniture, household items, slaves, animals. The division of things into movable and immovable has become clearer when it comes to to the principle. In the dominant era, the transfer of property rights was already regulated by special rules aimed at ensuring to the publicity of the relevant transactions. By that time, it's final. There are special rights to the real estate: doom land, emphyteusis, superficius secrets. However, according to the laws of XII tables acquisition of land and movable things in the past required different terms of ownership: for the pastoral land tenure was established in connection with the bipartisan system a longer period (two years) than for movable scales (one year). Not all of them. real estate was subject to uniform regulations;

the location of sites was taken into account in connection with their economic purpose, there was a difference between praedia urbana - urban areas built up for urban housing, urban handicrafts and industrial facilities, and praedia rustica - agricultural areas: fields teacher, meadows, forests, rural dwellings and Warehouses. There was also a difference between Italian and provincial lands.

Res mancipi et res dog mancipi life. The old and the main division of the civil the rights to res mancipi and res dog mancipi were preserved until the beginning of the empire.

Omnes res aut mancipi sunt aut dog mancipi. Mancipi res sunt praedia in Italico solo, tarn rustica, quails est Hindus, quam urbana, quails. domus; item iura praediorum rusticorum, velut via, iter, actus, aquae- ductus; item servi et quadrupedes quae dorso collove domantur, velut boves, mull, equi, asini, ceterae res dog mancipi sunt (Ulp. Reg. 19.1). - All things are considered to be mancipients or nvmantsipias. Things . mancipia are land plots on Italian land and moreover as rural, as the estate is considered to be, as well as go... Rhodesque as a house; crib also the rights of rural areas, such as the road, the trail, the girder, the plumbing; and the slaves and four-legged men, who are tamed to sledding or yard, like bulls, mules, horses and donkeys. Other things are considered nvmantsipi-ali.

As can be seen from the text, the circle res mancipi was outlined quite narrowly. It's . covered ager romanus, and from the end of the republic, when the Romans' rule spread all over Italy, land, plots located in Italy goals, houses built on them and preferential (land) easement