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University Degree: Roman Law
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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 - Explain the rights and duties of A,B,C,D and E.
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, i.e. iusta causa. If Aulus were just to deliver res mancipi, this would not constitute the transfer of res mancipi. As the Digest recounted: - 'Bare delivery of itself never transfers ownership.'
- Word count: 802
However, the first step in any litigation procedure was for the plaintiff to summon the defendant to court. This was generally done publicly and orally in the form of 'in ius vocatio' through which the plaintiff outlined the reasons he was summoning the defendant before the magistrate. The defendant could not refuse and if he did, the plaintiff was entitled to use by-standers as witnesses and physically force the defendant to appear before the magistrate4. The only way in which the defendant could avoid the plaintiff's summons was by using a vindex.
- Word count: 1797