The creation of a new thing from existing material

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The creation of a new thing from existing material (specificatio) Specificatio occurred when someone, without authorisation, created a new thing (nova species) from, without authorisation, material belonging partially or entirely to someone else. Some examples of specificatio are the making of wine from grapes, a garment from wool or a vase from gold or silver. 3.3 The thing had to be capable of ownership (res habilis)
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Only things which were capable of civil ownership could be acquired by usucapio. Stolen goods could not be acquired by prescription, There had to be a cause that the law normally recognised as sufficient for the transfer of ownership (iusta causa, or iustus titulus usucapionis = a valid reason or legal ground for prescription) Good faith (bona fides) The recipient must have taken the thing into his possession in good faith (bona fide). There must have been a reasonable belief on the possessor's part that he had obtained ownership of the thing at the time when possession was transferred to him. Possession (possessio) Possession or physical control of the thing of which ownership is being obtained by means of prescription is very important. Period of prescription (tempus) It was only necessary to possess movables for one year and immovables (land) for two years QUESTION 4 4.1 False 4.2 False 4.3 True 4.4 True 4.5 False QUESTION 5 5.1 A praedial servitude was a real right a person exercised to the benefit of land of which he was the owner. 5.2 No servitude was established. First, a servitude cannot be established merely by an agreement. Secondly, the servitude had to benefit the dominant tenement and not a specific owner (Marius). Thirdly, the principle was that a servitude had to exist in perpetuity and could therefore not be established over a spring that was not perennial. In conclusion, no duty could be imposed on the owner of the servient tenement (Paulus) to perform a specific task. He was merely obliged to endure or permit something. QUESTION 6 Fiducia
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Pledge (pignus) Hypothec (hypotheca) SECTION B: ROMAN LAW OF CONTRACT QUESTION 7 7.1 An obligation can be defined as a legal bond (an invisible bond created by law) between two or more parties, one of which, the creditor, had a personal right against the other party (parties), the debtor (debtors), to enforce a particular performance, while the debtor is under an obligation to the creditor to perform. 7.2 Performance Release Compensation Merger Novation 7.3 Fraud ( dolus ) Duress ( metus ) Mistake ( error ) QUESTION 8 If Claudius were to conclude the contract with Brutuus under duress or for fear that his service contract would not be renewed, the contract would be voidable as a result of duress (metus). Claudius therefore has the option of withdrawing from the contract without incurring any obligation or liability. QUESTION 9 The contract between Balbus and Antonius is a contract of loan for use, which is a contract based on good faith (bona fides). Balbus should have displayed the care of a diligens et bonus paterfamilias. However, since he used the slave Pamphilus for a purpose other than
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  • Fall '15
  • Law, ........., movables, Abstracto

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