Bonitarian property
In Roman law, bonitarian property is the right that someone is granted to a res mancipi that he has acquired in a way that does not meet the requirements of a res mancipi ( mancipatio , in iure cessio ), usually through tradition .
The legal owner is almost equal to the civil owner in his powers, he enjoys the full protection of property of the praetor , but in contrast to a quiritic owner he does not defend his rights with the rei vindicatio , but with the honorary actio publiciana if the property is lost .
If the creditworthy owner of a thing is sued by the quiritic owner with the rei vindicatio for the surrender of the thing, he can defend himself with the exceptio doli and will win if he is on the thing by the quiritic owner or an authorized person on the basis of a iusta causa (= effective reason for a transfer of ownership) has received faultless possession.
At the end of the tenure , the beneficial owner acquires civil property. From this point on, the rei vindicatio is also open to him.
literature
- Nikolaus Benke, Franz-Stefan Meissel: Exercise book Roman property law. 10th edition, Manz, Vienna 2012, ISBN 978-3-214-14961-1 .
- Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau study books) ISBN 3-205-07171-9 , pp. 140 f.