DERIVATIVE METHODS OF ACQUIRING OWNERSHIPMancipationJus jure cessioTraditoDonationThesaurusUsucapionPraescriptioAdjudicatioLex

DERIVATIVE MODE

MANCIPATIONFormal ceremony of transfer of property of a symbolic act in the presence of both parties and witnesses.

JU JURE CESSIOA fictitious lawsuit where the transferee claimed before the praetor to be the owner of a res.

TRADITIOAn owner of a corporial thing transfers to another his ownership.

ELEMENTS The person who transferred it must be the owner He must place the person to whom he transferred it in legal possession of the thing He must transfer the thing with the intention of passing the property in it The person to whom it was transferred must receive it with intention to become the owner

DONATIONUnderstood from the terms dono (expressing the motive) and dare (signifies the passing of property by delivery) Mode of transferring property by gift Mortis causa or donations made in contemplation of the donors death. (type of Mortis Causa Donation)

KINDS Inter vivos or donations during the lifetime of the donor. donatio propter nuptias donatio ante nuptias

THESAURUSFinding a thing and acquiring ownership thereof. RULES Sole ownership If the thing is found in ones own land. If found in a sacred or religious place through an accidental search

Divided ownership by the finder and the owner of the land were the thing was found. by the finder and the state if found in a public property.

USUCAPIONAcquiring ownership through continuous and uninterupted possession for a length of time which eventually ripens into legal dominium.Applies only to movables and the land in Italy REQUISITES The thing should be susceptible of being held in dominio. The thing must be possessed ex justa causa. The possession must be in bona fide.

Usurpatio was the term used for the interruption of usurpatio.WAYS OF INTERRUPTION The immovable thing might be taken away from the possessor through usurpatio; By expelling the possessor from the immovable thing. By the impossibility for physical causes to occupy it. By falling into the power of the enemy. By civil interruption in an action to contest the right of possession.

PERIOD FOR USUCAPIO POSSESSIONmovables 10 years if the parties lived in the same province

20 years if in different provinces

immovables 3 years

PRAESCRIPTIO (verify)Similar to that of usucapio only that it applies to immovables whether in Italian of provincial lands.There is prescriptio or possessio longi temporis;If there was a possession for 30 years.In case of ecclesiastical propertyIn property mortgaged in possession of the debtor for 40 years

ADJUDICATIOThe order of the court in an action to divide an inheritance or property in common

LEXTransfer or acquisition of ownership through special statutes. Such as the transfers through bequests to bachelors or spinsters or married couple without children who have been debarred from taking them under early imperial rescripts.