Roman Law Final

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Roman Law Final
2010-02-12 10:55:47
final exam vocab

final exam vocab
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  1. bonae fidei iudicia
    "actions of good faith" granted by the praetor for certain contractual relationships in which the iudex was required to take account of what ought to be done or given in good faith by the parties. Defenses (exceptiones) could be raised by the court even when not pled by the defendant.
  2. bonitary ownership
    possession protected by the praetor even though the formalities of transfer have not been followed.
  3. condictio
    a type of action alleging a debt without specifying the precise basis of the claim. It was available in both contractual and quasi-contractual claims.
  4. deportatio
    perpetual banishment, the most severe form of exile involving confinement at a fixed location, confiscation of property, and loss of citizenship.
  5. infamia
    a condition of disgrace, involving significant legal disabilities, resulting from immoral or wrong conduct (conviction for a crime, condemnation in delictal actions, and actions involving breach of trust).
  6. in iure cessio
    a formal transfer of property in open court before the consul or praetor.
  7. ius gentium
    the law common to all peoples.
  8. mancipatio
    the formal transfer of property by bronze and scales (per aes et libram). Only res mancipi may be so transferred. It was also the procedure for making a will, for the passing of a woman into marital subordination, for bringing people into bondage for the purpose of adoption or emancipation, or as the result of a noxal action.
  9. manumissio
    the freeing of a slave. Also used for the release from bondage following emancipatio.
  10. noxal surrender
    the handing over of a slave or animal as compensation to the victim of a delict committed by him.
  11. peculium
    personal fund of a son or slave allowed by the pater familias (who retained full ownership of the money). A son did have full control over the peculium castrense (funds acquired while on military service).
  12. per aes et libram
    the weighing out of copper or bronze necessary for a formal sale.
  13. quaestiones perpetuae
    permanent criminal courts, each dealing with one class of offense. The basic system was established by a series of laws under Sulla's dictatorship in 81 B.C.
  14. relegatio
    exile for a fixed period or in perpetuity, but without loss of citizenship of confiscation of property.
  15. res mancipi
    property subject to transfer by mancipatio (i.e., land subject to Roman ownership, slaves, beasts of draft and burden, and rustic servitudes belonging to land subject to Roman ownership). All other property is res nec mancipi and can be transferred by mere traditio.
  16. stipulatio
    an enforceable verbal contract created by simple question ("Do you promise to pay me 10,000 sesterces?") and answer ("I promise."). No witnesses or writing are required, but both were customary. The normal action on a stipulatio was a condictio.
  17. traditio
    simple transfer of property, effective for acquiring ownership of all property except res mancipi.
  18. usucapio
    acquisition of ownership by long usage.
  19. usufructus
    the right to use of the property of another and take its fruits or profit (fructus) without diminishing its capital value.
  20. vindicatio
    an action for claiming ownership of property.