Actio Publiciana and Mancipatio
Actio Publiciana and Mancipatio
Author(s): Adolfo Bautista CremadezSubject(s): History, Law, Constitution, Jurisprudence, Roman law
Published by: STS Science Centre Ltd
Keywords: Roman law; mancipatio; res mancipi; tradition; property; trade;
Summary/Abstract: Mancipatio was the established way to trade res mancipi (slaves, italic soil and big animals), so if these things were delivered by traditio the transmission was invalid. This distinction disappeared before Justinian's compilation, generalizing the traditio as a mechanism for the transmission of all goods. This work discusses the possibility that the mechanisms for protecting the Praetorian owner (especially the actio publiciana) could have determined the disappearance of mancipatio.
Journal: Journal on European History of Law
- Issue Year: 12/2021
- Issue No: 2
- Page Range: 138-144
- Page Count: 7
- Language: English
- Content File-PDF