By Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets
This publication presents an intensive advent to Roman estate legislation via "cases," which includes short excerpts from Roman juristic assets within the unique Latin with accompanying English translations. The instances are chosen and grouped which will supply an outline of every subject and an orderly exposition of its components. to every case is connected a suite of questions that invite the reader to, e.g., make clear ambiguities within the jurist's argument, reconcile one retaining with one other, offer lacking yet priceless proof to account for the preserving, and/or interact in different analytical activities. Read more...
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175, 2 Am. Dec. 264 (Supreme Court of New York 1805) Post, a hunter on horseback with a pack of hounds, was pursuing a fox and already near to killing him, when suddenly Pierson, a farmer, jumped in between, killed the fox, and carried him off. Post sued Pierson and won at trial. Pierson appealed the judgment. The appellate court overturned the decision, saying: “The case now under consideration is one of mere pursuit, and presents no circumstances or acts which can bring it within the deﬁnition of occupancy .
Ergo transit periculum ad eum, qui mutuam rogavit et poterit ei condici. Translation: (Ulpian in the 26th book of his Commentary on the Praetor’s Edict)36 I deposited 10 gold coins with you. Later I permitted you to use the money. Nerva and Proculus say that even before the coins have been removed from where you were keeping them, they can be the subject of a condictio,37 like loans of money (mutua). And that is correct, as Marcellus too agrees: for he [the depositary] has begun to possess them animo.
Discussion Questions: 1) Does the command itself serve to release the debtor and give possession to the creditor, or is it necessary to complete the action that is commanded? 2) What signiﬁcance would you attach to the spatial distance of the creditor from the thing and the possibility of action by a third party? 3) Based on this text, try to develop a deﬁnition of traditio longa manu [“delivery by means of a long hand”] and then see if pointing out a piece of land from 17 The high classical jurist, L.
A casebook on Roman property law by Herbert Hausmaninger, Richard Gamauf, George A. Sheets, George A. Sheets