LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES
LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES
Author(s): Stoyan P. IvanovSubject(s): Politics / Political Sciences, History, Philosophy, Language and Literature Studies, Archaeology, Economy, Law, Constitution, Jurisprudence, Cultural history, Foreign languages learning, Jewish studies, Agriculture, Environmental Geography, Applied Geography, Geomatics, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Applied Linguistics, Epistemology, Aesthetics, Political Sciences, Civil Society, Governance, Comparative history, Diplomatic history, Economic history, Ethnohistory, History of ideas, Local History / Microhistory, Military history, Oral history, Political history, Gender history, Ancient World, Middle Ages, Modern Age, Recent History (1900 till today), Special Historiographies:, History of Judaism, History of Antisemitism, Law on Economics, Accounting - Business Administration, Philology, Canon Law / Church Law, Philosophy of Law, EU-Legislation, Sociology of Law, Corruption - Transparency - Anti-Corruption, Maritime Law, Commercial Law, Court case, Sharia Law, Comparative Law, Administrative Law, Labour and Social Security Law, Prehistory, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Provincia; property; possession, possessio; concession; dominium ex iure Quiritium; vectigal; vectigalia publica; ager publicus vectigalis; Sicily; Roman province Asia; Roman law
Summary/Abstract: The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.
Journal: IUS ROMANUM
- Issue Year: 2022
- Issue No: 2
- Page Range: 138-161
- Page Count: 24
- Language: English
