Chapter

Acquisition of Ownership by <i>traditio</i> and Acquisition of Possession<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0002
Acquisition of Ownership by traditio and Acquisition of Possession☼

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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

Chapter.  8088 words. 

Subjects: History of Law

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