In iure cessio
The in iure cessio (Latin: judicial assignment ) denotes a transaction for the establishment or cancellation of dominion rights over persons and things. It took place in the form of a sham process that observed transference rituals.
In Roman law , it was one of three forms of transferring property and slaves . Next to it stood the ritual mancipatio , which dealt with the transfer of valuable things (slaves, draft animals, field servants or certain pieces of land - so-called res mancipi ) and the traditio ex iusta causa , which was made recognizable through mere handover , which was based on an obligation ( causa ) . The latter was used for less valuable things ( res nec mancipi ).
In iure cessio was derived from in iure , the first stage of proceedings before the magistrate (first consulate , later praetor ) in the ancient Roman form process of the early and high imperial era . Slaves were also treated as things. The transfer of ownership of a slave proceeded in such a way that the acquirer seized the slave and spoke a formula ( vindicatio ) with which the plaintiff opened the property dispute, the legis actio sacramento in rem :
“Hunc ego hominem ex iure Quiritium meum esse aio ...”
"I claim that this person belongs to me according to Quirit law ..."
This type of lawsuit was already widespread in the early days of the republic and was one of the most important legislative actions there .
Since it was a sham trial as a ritual of transfer of ownership, the defendant asserted in the subsequent second stage of the process ( apud iudicem ) the formula by repeating it so that the legal transfer could be completed. As agreed, the seller refrained from making a counter-assertion and thereby left his legal claim to the purchaser.
literature
- Heinrich Honsell : Roman law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 33–34.
- Max Kaser : Roman Private Law I , Handbook of Classical Studies. Legal history of antiquity. Volume X, 3.3.1., Verlag CH Beck, 2nd edition 1971, ISBN 978-3-406-01406-2 ; Section 100.
- Max Kaser / Rolf Knütel , Roman Private Law , A Study Book, Verlag CH Beck , 20th edition, 2014, ISBN 978-3-406-65672-9 , § 24.
- Hausmaninger / Richard Gamauf : Casebook on Roman property law , ISBN 978-3-214-14972-7 . Cases 67-71