Zbornik, Vol. 30 No. 2, 2009.
Izvorni znanstveni članak
Per liberam personam possessio adquiritur
Mirela Šarac
; Pravni fakultet Sveučilišta u Splitu
Irena Stanić
; Pravni fakultet Univerzteta u Srajevu
Sažetak
Although in the Roman law was in force the principle according to which was forbidden the acquisition by free persons: per extraneam personam nobis adquiri non posse, that prohibition was moderated in the domain of acquisition of possession and ownership because of the necessitiy of judicial trade. As regards the acquistion of possession the Roman Law started to retreat from the position of the impossibilty of immediate representation probably because the possession doesn’t have anything to see with the law but with the real (effective, material) relation.
Already in the classical period was allowed the acquisition of possession through the procurator as the permanent administrator of property. Procurator omnium bonorum acquires the possession for the master utilitatis causa. Neracius, the prominent representative of the Proculian school, was the first lawyer that allowed the acquisition of possession through the procurator. Gaius’ Institutiones shows that Neracio’s opinion wasn’t completely accepted in the Classical period because the followers of the Sabinian school were against the possibility of acquisition of possession per liberam personam. Septimius and Caracala, by the constitution C.7.32.1 ., for the first time made possible the unlimited acquisition of possession per procuratorem, that undoubtedly was allowed only in Paul’s Sententions. Diocletian’s Constitutions confirm the positions of the Classical period. Only the approaching of the institution of mandate and procuratory enabled the Giustinian compilators to allow the acuisition of possession for the other through any free person: that was valid whether the represented was acquinted with it or in case he was represented as ignorans, appealing on utilitatis causa.
Ključne riječi
Roman law; possession; acquisition of the possession; free person; procurator
Hrčak ID:
52649
URI
Datum izdavanja:
14.12.2009.
Posjeta: 2.039 *