Chapter

The Importance of the <i>iusta causa</i> of <i>traditio</i><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/9780748625161.003.0007
The Importance of the iusta causa of traditio☼

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It is suggested that the issue of the iusta causa of traditio has caused more problems for Romanists because of the conflict between D. 12.1.18pr and D. 41.1.36 than it actually would have caused the Romans. It has not been a serious issue in Scots law which purports to follow Roman law and there are few texts in Roman law, none involving third parties. So far as transfer and proof of ownership resulting were concerned usucapio was probably more important and is indeed more discussed.

Keywords: Traditio; Iusta causa; Roman law; Scots law; Usucapio; Proof of ownership

Chapter.  7200 words. 

Subjects: History of Law

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