Tuesday, 3 May 2016

Ownership and its acquisition (IV): Ownership acquired through an agent

- Ownership acquired through slaves


Where a slave received property in circumstances which would have given him full ownership had he been a freeman, the ownership of such property was acquired by the master.

Ancient Rome and ownership

- Ownership acquired through free persons acting as agents


A paterfamilias, for example, could acquire ownership through those in his potestas.

- Ownership acquired through a procurator


A procurator was an agent employed to manage his principal's property.

Any property of which he acquired the ownership in his capacity as procurator passed into his employer's ownership.

Note: In the case of joint ownership, co-owners were entitled to the produce of their property in proportion to their shares. Upon the death of a co-owner his share passed to his heir. Co-owners had to share in any losses caused by animals or slaves held in common, and a co-owner had to defray expenses incurred by other co-owners on behalf of the property. The actio communi dividundo could be brought by joint owners who wished their property to be divided.

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- Ownership and its acquisition in Roman Law


+ Ownership and possession

+ Ownership under Ius gentium

+ Ownership under Ius civile

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Source:
Roman Law, L. B. Curzon, pages 85 - 86.