ROMAN PROCEDURAL LAW AND REAL RIGHTS (PROCEDURAL LAW (CLASSIFICATION OF…
ROMAN PROCEDURAL LAW AND REAL RIGHTS
CONCEPT: Juridical power that a person exerts on a thing, whose owner can make maximum use.
Every entity external to the subject that has an economic value, something existing by itself.
Res inpatrimonio, res extrapatrimonum, res incommertio, res extracommertium.
res muncipri/ res nec
Res corporales/ Res incorporales
simple / compound
Fungibles / Non-fungibles
Furniture / Real Estate
Availability in fact of one thing.
Legal effects: the holder in good faith has no means of defense against the claiming action of the owner
You are entitled to pay necessary necessary expenses made to the thing.
concept: absolute and exclusive membership
original ways of acquiring
conventional and unconventional
originally or derived
of civil law and people's law
accession of a movable thing
furniture access to real estate
access from property to property
real rights over others
Faculty that the holder of the ius in re aliena has to exercise certain behavior over another.
servitude: real rights that they exercise over a foreign property.
THINGS: Any subject external entity that has an economic value, suitable to meet common needs of men.
CONCEPT: Contained in the idea of actio, the existence of an act of a right that can be claimed through it.
Litigation parties, actor, defendant, representative of the parties.
MAGISTRATES: Having the capacity or saying that it is the right of litigation, do, dico, addico.
JUDGES: The judiciary is the right for the private judge to say by opinion which of the parties has the right or not to issue a sentence.
PROCEDURAL SYSTEMS: Law action systems, form procedure and extraordinary procedure.
CLASSIFICATION OF SHARES.
Criminal and mixed re-presecutory actions
Private and popular actions
Certain and uncertain actions
Actions of written law and good faith.
POSSESSION: The factual availability of a thing, with the intention of having it for itself, excluding others.
THE PROPERTY: It was considered an exclusive and perpetual absolute right to use, enjoy and dispose of something.
REAL RIGHTS OF GOCE ON A THING: AJENA: The power of the owner of the ius in re aliena to exercise certain conduct on the property of another and require the owner to refrain from carrying out certain activities on their own.