Open AccessRZYMSKA KONCEPCJA WŁASNOŚCI W KULTURZE PRAWNEJ EUROPY
Author(s) -
Władysław Rozwadowski
Publication year - 2016
Publication title -
zeszyty prawnicze
Language(s) - English
Resource type - Journals
eISSN - 2353-8139
pISSN - 1643-8183
DOI - 10.21697/zp.2010.10.1.02
Subject(s) - constitution , political science , law , property (philosophy) , property rights , business , philosophy , epistemology
ROMAN CONCEPT OF OWNERSHIP IN THE EUROPEAN LEGAL CULTURE Summary Ownership is a fundamental subjective right as well as a basis of freedom. The Roman concept of property was very broad, at first uniform and then differentiating between the dominium ex iure Quiritium and other forms of ownership (bonitary and in the provinces). According to Justinian’s constitution from 530 AD, ownership was to become uniform again. The common opinion that Roman jurists did not reach a precise definitione of ownership seems too far-reaching. It is possible that such a definitione existed but was not included in the Digest. Four basic rights of the owner were listed by the glossators and then Bartolus de Saxoferrato defined ownership as ius de re corporali perfecte disponendi, nisi lege prohibeatur.