Bonitary Property
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ScribdTranslationsBonitary Property
Uploaded by
ScribdTranslationsBonitary Property
It consisted of the transmission of the res mancipi, simply, by tradition. It did not
required the compliance with the formalities of civil law mancipatio or in iure cessio and
however, it produced the indicated characters and effects.
The activity of the Praetor influenced the mutation of the rigid concept of property.
I would like to address the creation of bonitary property, originated in thesaleof things
mancipium without the solemn forms of Civil Law or by the delivery of possession in Praetorian
outside of what is mandated in Civil Law. By guaranteeing that situation
withactionssuitable such trends of things, was assimilated to the situation of ownership.
The original case of ownership by possession was the transfer of a thing 'Mancipi', but
there were other cases of bonitary ownership imposed by the praetor: The case of a
praetorian heir or "Bonorum possessor"; the case of a buyer of an estate
bankrupt debtor or 'Bonorum emptor'; the case oftrustas a consequence of a
restitution agreement ofgoodsof the succession held with the heir and the case
of the awarded party in a 'Judicium imperio continens'.
The bonitary owner was the one who had possession and all the attributes of the
property, the right to make use of the thing and to obtain its fruits, but in the eyes of the
right civil no era owner no could to employ the ways
ofalienation"Mancipation", "In iure cessio" or the legacy "Per vindicationem". It could only be
to use the 'Traditio' and if he manumitted the slave of whom he was only the bonitary owner, he would do
he is a Junian Latin and not a Roman citizen.
The beneficial ownership was established when any of the required conditions were missing.
by civil law. Only the honorary law recognized it, but with the
Over time, through prescription, it could become quiritary property.
When the law advanced, the beneficial owner, after possessing the properties
after two years and the furniture for one, he would become the owner by usucaption,
acquisitive prescription.
It was possible, however, that before the end of any of the stipulated periods,
would happen
The seller will continue, according to civil law, being the owner.
2. That the seller will attempt, against the possessor, the vindicatory action, to
acquire the restitution of the thing.
These reasons led the praetor to grant the acquirer all the powers and
rights that property confers to its owner. Those conceptions were made in the
following circumstances:
a.
b. In the face of the reclamatory action exercised by the owner, the means of defense for
to oppose the action, it was called exceptio rei venditae and provoked the
suspension of the reivindicatory action;
c. In case the owner seized the item, the beneficial owner could
recover it by exercising the public action.
If a thing was transmitted to a pilgrim, or an immovable property situated in
province, or the transfer of a mancipi thing was carried out by simple traditio, it
it configured either of the two types of beneficial property, which were: property
peregrina, the beneficial property, properly speaking, that appears when someone to
to acquire a mancipi thing without resorting to the means established by civil law,
that recognized, that recognized the property of the acquirer, the magistrate declared, by
example, that he had acquired without resorting to mancipatio had the things among his
goods: to have in one's possession, which could be challenged by a reivindicative action of the
old owner, that is, the quiritary owner, who would demand restitution.
To avoid injustice, the praetor granted an exception to the acquirer.