Short note : person

Person

according to Roman law a person was clothed right and obligation. whereas in Rome a slave had no rights and obligation therefore slave are not regarded a person but a thing. person are divided into two types—

                         I.            one is Natural

                       II.            other is Artificial

A nutural person may be considred under the following division—

o   Is the person free (libertas) or slave .

o   If he libertas, is he bron free (ingenui), or made free (libertini)

o   Is he a citizen (civitas) or a non-citizen.

o   Is he sui juris (independent person), or alieni juris (dependent person).

• if he sui juris, is he fully independent, or is he under a tutor or curator.

The Legal Condition of Slave

The Legal Condition of Slave :

According to jus civile a slave was a res (property) or chattels and not a Person. Slave were sold an a open-market a large portion of the wealth of the Romans consisted of slave. They were under the power of their owner or master. who had absolute or supreme control of their life, their industry, and their labor and a slave cannot make any property which slave are acquired belonged to their master.

The owner or master transfer slave like his property, goods, or like as a chattels by sale, gift or legacy to any one he pleased.

The slave had no political or civil right. they were neither legally bound by any obligation nor could they bind others. the owner or master has the absolute power of the life and death over the slave. the power of the owner or master over his slave was spoken of as the dominica potestas.

What is a Res

RES

The term “Res”, “Bona”, “biens” used by jurist who have written in the Latin and French language are intended to included movable or personal as well as immovable or real property.

Definition of Res:

·        According to Roman law the Latin term “Res” means things, good or property. Which is not only includes physical things but also abstract right such as servitude and ownership.

·        Bucland defined res in economic sense as any economic interest granted by law, any right or rights having a economic value, any interest expressible in terms of money which the law will prolect.

So res mean things or property, which includes both physical property and abstract right.

COMITIA CALATA

COMITIA CALATA

far too much precision to the proceedings of the
ancient assembly. The proper key to the story
concerning the execution of Wills in the Comitia
Calata must no doubt be sought in the oldest
Roman law of intestate succession. The canons
of primitive Roman jurisprudence regulating the
inheritance of relations from each other were,
so long as they remained unmodified by the
Edictal Law of the Praetor, to the following
effect : First, the sui or direct descendants who
had never been emancipated succeeded. On the
failure of the sui, the Nearest Agnate came into
their place, that is, the nearest person or class
of the kindred who was or might have been under
the same Patria Potestas with the deceased. The
third and last degree came next, in which the
inheritance devolved on the Gentiles, that is, on
the collective members of the dead man's gens
or House. The House, I have explained already,
was a fictitious extension of the family, consisting
of all Roman Patrician citizens who bore the same
name, and who on the ground of bearing the
same name, were supposed to be descended from
a common ancestor. Now the Patrician Assembly
called the Comitia Curiata was a Legislature in
which Gentes or Houses were exclusively repre-
sented. It was a representative assembly of the
Roman people, constituted on the assumption
that the constituent unit of the state was the Gens.
This being so, the inference seems inevitable,
that the cognisance of Wills by the Comitia was
connected with the rights of the Gentiles, and
was intended to secure them in their privilege
of ultimate inheritance.

Mancipatio

Mancipatio:

The earliestform of conveyance or transfer of res mancipi at rome, which was confined to roman citizen. The process of conveyance was follows:-

1.     Before five citizen above the age of puberty and a libripens(another citizen to hold a balance).

2.     The alienee holding a piece of bronze.

3.     Touched either the object or a representative part of it and said “I declare that this slave or thing is mine ex jure quiritium, and left it be bought for me with this piece of bronze and balance of bronze”

4.     After the declaration the stroke the balance with the piece of bronze, and give it, as if it was the price to be paid to the mancipator or seller.

This formal transaction was called per aes et libram. mancipatio was not only applicable to the ceremonies of adoption, emancipation, marriage and testament. Mancipatio disappeared under law of Justinian.

The Twelve Tables of Roman Law

jakir

The term "Twelve Tables" Latin Lex XII Tabularum,  the earliest written legislation of ancient Roman law, traditionally dated 451–450 bc.
The Twelve Tables allegedly were written by 10 commissioners (decemvirs) at the insistence of the plebeians, who felt their legal rights were hampered by the fact that court judgments were rendered according to unwritten custom preserved only within a small group of learned patricians. Beginning work in 451, the first set of commissioners produced 10 tables, which were later supplemented by 2 additional tables. In 450 the code was formally posted, likely on bronze tablets, in the Roman Forum.