Jump to ContentJump to Main Navigation
Roman Law, Scots Law and Legal HistorySelected Essays$
Users without a subscription are not able to see the full content.

William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Acquisition of Ownership by traditio and Acquisition of Possession☼

Acquisition of Ownership by traditio and Acquisition of Possession☼

Chapter:
(p.18) 2 Acquisition of Ownership by traditio and Acquisition of Possession
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0002

There is controversy over when in classical law a paterfamilias who acquired through a subordinate member of the family acquired possession and ownership by traditio. Acquisition for the peculium led to immediate acquisition of both ownership and possession but it seems probable that otherwise specific authorisation was required although this is contested. In Justinian's law acquisition of ownership was automatic, apparently by mechanical substitution of traditio for mancipatio, but the better view seems to be that the classical rules on authorisation of acquisition of possession still applied.

Keywords:   Traditio, Acquisition of ownership, Acquisition of possession, Peculium

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.