Question: A, dominus, sold and delivered (by traditio) res mancipi to B who sold and delivered it to C from whom it was stolen by D who sold and delivered it to E who bought in good faith. Each of the above transactions took place on consecutive days. Explain the rights and duties of A, B, C, D and E.
Answer: A (Aulus) is the lord and master of his property, dominus. For Aulus to have dominium, he would have to have commercium – he would have to be a Roman citizen; have property that could be privately owned and could only acquire property through the proper channels. Res mancipi were defined as slaves, beasts of burden, Italic land and rustic praedial servitudes and is the fundamental classification of property in Roman law. This was extremely important in relation to the conveyance of property. When Aulus made delivery – by traditio – of res mancipi, dominium was not automatically transferred but the recipient (in this case, B - Balbus) would be granted bonitary ownership. To comply with this ius gentium mode of acquisition, the delivery had to be made with the appropriate intent, ......(short extract)
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Details: - Mark: 62% | Course: Roman Law | Year: 2nd/3rd | Words: 789 | References: No | Date written: Not available | Date submitted: October 22, 2008 | Coursework ID: 183
