The Roman Law Of Property was concerned essentially things, their acquisition and their transfer.
- Res (things)
The Romans considered as res objects, and rights in objects, which had economic value. Res could be:
+ Res Corporales (physical things)
I.e. tangible objects, such as a chair, a slave, a barn, a plot of land.
+ Res Incorporales (non physical things)
I.e. a right to which an economic value attaches, as, for example, the right of Flavius to pasture his cattle on land belonging to Marcus, or the right to inherit another's property.
- Res humani iuris
These were res, the ownership of which was vested in human beings. They might be:
+ Res privatae: Things in private ownership.
+ Res publicae: Things in public ownership, e.g. an aqueduct.
All such res were either:
+ Res corporales.
+ Res incorporales.
And were also either:
+ Res mancipi.
+ Res nec mancipi.
- Res mancipi
This name referred to those things capable of being transferred only by the mode of transfer known as mancipatio. Such things were: houses and lands in Italy; rustic servitudes over Italian lands; slaves; animals such as the horse and the ox.
Note: The mode of transfer known as in iure cessio was sometimes employed for the transfer of res mancipi.
- Res nec mancipi
These were things which could be conveyed by a mode other than mancipatio, e.g. public lands; wild animals such as elephants; agricultural implements.
Note:
The grouping of these particular res under the heading of res mancipi might be the result of their having been regarded as the real wealth of an agricultural community, or their having been taken into account in an assessment for purposes of the census.
In A.D. 531 Justinian abolished the formal distinction between res mancipi and res nec mancipi.
- Res divini iuris
These were res "in divine ownership" and comprised:
+ Res religiosae
Things dedicated to gods of the underworld, such as family graves.
+ Res sacrae
Things consecrated to the gods above, such as altars, temples.
+ Res sanctae
Things under the protection of the gods, such as the walls of a city, the violation of which was a capital offence. Legend had it that Romulus, founder of Rome, killed Remus, his brother, for leaping the city walls.
- In nostro patrimonio
Things vested in private ownership.
- Extra nostrum patrimonium
Things not owned privately, comprising:
+ Res communes
Those things open to everyone, e.g. the sea.
+ Res publicae
Those things owned by a corporate body or municipality, e.g. a theatre.
+ Res nullius
Justinian included under this heading res religiosae, sacrae and sanctae. The phrase res nullius was also applied to:
. Things which, in general, could not be privately owned.
. Things which could be owned, but which, at a particular moment, had no owner, e.g. a wild animal; an island formed in the sea; things discovered on the seashore; things discovered after intentional abandonment by their owners; treasure trove (thesaurus). The finder of treasure (except that buried for safe-keeping) was entitled to one-half, the other half going to the person who owned the land on which the treasure was found.
- Other clasifications
+ Res mobiles and res immobiles (movable and immovable things)
Land, for example, was in the category of res immobiles (during the period of the classical law land fell into two categories: solum provinciale and solum italicum. By the time of Justinian there was no longer such a distinction).
+ Res quae usu consumuntur and res quae non usu consumuntur (things consumed and things not consumed in their use)
This classification was based on a consideration of whether or not the res was consumed in, or worn out by, its regular use. Garments, money, food, fuel were examples of res quae usu consummuntur.
+ Res fungibiles and res non fungibiles (things which are or are not interchangeable within a class)
Res fungibiles were things which could be numbered or measured; within their class they were, in general, interchangeable. In this category would be placed, for example, corn, oil. A slave, for example, would be considered as an individual unit and would be classified in the category of res non fungibiles.
Note:
A further classification is mentioned in the Digest: Res quae sine interitu dividi non possunt (things which could not be divided without a diminution of their value), for example, a painting, a slave.
Intangible rights such as patria potestas or freedom were not considered to belong to the category of res incorporales.
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Source:
Roman Law, L. B. Curzon, page 71 - 74.
