Periods of Roman legal history: Early Roman Law (753-250 BC) The ius civile is only recognized legal system applicable only to Roman citizens and was inflexible and formal Preclassical period (250-27 BC) Introduction of the ius gentium legal system applicable to matters concerning foreigners and was noted for its equality, flexibility and lack of formalism Classical period (27BC – AD 284) In AD 212 Emperor Caracalla promulgated the constitutio Antoniniana, which theoretically extends citizenship to all inhabitants of the Roman Empire. This removed any need for different legal systems for citizens and non-citizens and the differences between the various systems gradually disappeared Postclassical period (AD 284-565) Due to lawmen not having a sound knowledge of Latin and Greek and a widespread shortage of written legal sources, the law became increasingly simplified and superficial with more local laws introduced. There was a renewed interest in classical law which led to the codification by Emperor Justinian (Corpus lures Civilis). The Roman Law of Things Part A Definition: the system of legal principles / rules that regulate the relationship between a legal subject and a particular kind of legal object, namely a thing. Function: to harmonise the great variety of individual rights in respect of things, regulated in three ways: Defining the content and limits of ownership Harmonising the cases where different people have different real rights in respect of the same thing Regulating the exchange of and dealings with things and real rights Res in nostro patrimonio Things in the estate Res extra nostrum Things outside the estate – of no significance to the law of things as these are patrimonium things beyond human control and ownership could not be had Such things were either: Things subject to divine law (res nullius divini uiris), Things that belonged to the state or community (res communes omnium), or Things that belonged to everyone (res nullius humani iuris) Res in commercio Things in commerce which could be acquired in ownership Res extra commercium Things outside commerce which could not be acquired in ownership Various things in the commercial world: Corporeal things: things that can be touched or observed by means of the senses (land, books, etc). Only corporeal things were susceptible to ownership and possession
Periods of Roman legal history: Early Roman Law (753-250 BC) The ius civile is only recognized legal system applicable only to Roman citizens and was inflexible and formal Preclassical period (250-27 BC) Introduction of the ius gentium legal system applicable to matters concerning foreigners and was noted for its equality, flexibility and lack of formalism Classical period (27BC – AD 284) In AD 212 Emperor Caracalla promulgated the constitutio Antoniniana, which theoretically extends citizenship to all inhabitants of the Roman Empire. This removed any need for different legal systems for citizens and non-citizens and the differences between the various systems gradually disappeared Postclassical period (AD 284-565) Due to lawmen not having a sound knowledge of Latin and Greek and a widespread shortage of written legal sources, the law became increasingly simplified and superficial with more local laws introduced. There was a renewed interest in classical law which led to the codification by Emperor Justinian (Corpus lures Civilis). The Roman Law of Things Part A Definition: the system of legal principles / rules that regulate the relationship between a legal subject and a particular kind of legal object, namely a thing. Function: to harmonise the great variety of individual rights in respect of things, regulated in three ways: Defining the content and limits of ownership Harmonising the cases where different people have different real rights in respect of the same thing Regulating the exchange of and dealings with things and real rights Res in nostro patrimonio Things in the estate Res extra nostrum patrimonium Things outside the estate – of no significance to the law of things as these are things beyond human control and ownership could not be had Such things were either: Things subject to divine law (res nullius divini uiris), Things that belonged to the state or community (res communes omnium), or Things that belonged to everyone (res nullius humani iuris) Res in commercio Things in commerce which could be acquired in ownership Res extra commercium Things outside commerce which could not be acquired in ownership Various things in the commercial world: Corporeal things: things that can be touched or observed by means of the senses (land, books, etc). Only corporeal things were susceptible to ownership and possession
FLS1502-notes_for_fls1502.docx