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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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Acquisition of Ownership by traditio and Acquisition of Possession☼

Acquisition of Ownership by traditio and Acquisition of Possession☼

(p.18) 2 Acquisition of Ownership by traditio and Acquisition of Possession
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

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

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