Part II

The Romans were late to adopt the abstract concept of the mode of property acquisition, with progress toward the abstraction of this concept not being recorded until the end of the Classical era. An analysis of Roman texts reveals several classifications of the modes of property acquisition: under civil law and under the law of the gens, with universal title and with particular title, original and derivative, conventional and unconventional. Occupation represented the taking of possession of an ownerless thing (res nullius) and was one of the oldest and, at the same time, most enduring modes of acquiring property. Mancipatio originally constituted a means of creating ownership-power over mancipi things, later becoming the original form of the legal transaction of sale, subject to complex formal requirements. Adverse possession was a method of acquiring ownership of mancipi things through prolonged use, which initially served to ensure that these goods were used in accordance with their economic purpose—a function to which was later added that of eliminating uncertainties regarding ownership. In iure cessio was a conventional, derivative method of acquiring ownership, which involved staging a simulated trial within an ex gratia jurisdiction. In contrast to the complicated methods of civil law, tradition—a legal act of the gens—ensured the transfer of ownership, possession, or detention of tangible, non-negotiable items in an efficient manner and without the need for solemn formalities. Specificatio, as an original mode of acquiring ownership, involved one person creating a new thing using material belonging to another person. Accession was achieved through the legal absorption of the accessory thing by the principal thing. Other modes of acquiring ownership included adjudicatio, lege, and alienation carried out by the Roman state.

Keywords: concept, occupation, mancipatio, usucapion, in iure cessio, traditio, specificatio, accession, other modes of acquiring ownership