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Borkowski & du Plessis: Textbook on Roman Law 3e

Chapter 06 and Chapter 07

Instructions

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Question 01

The air, running water and the sea were classified in the Roman law of property as:

a) res universitatis.

b) res in patrimonio.

c) res publicae.

d) res communes.

Question 02

The term res mancipi referred to:

a) ownerless property.

b) public property.

c) property of significant economic value in an agricultural society.

d) property incapable of private ownership.

Question 03

Res mancipi included:

a) rustic praedial servitudes.

b) the sea.

c) dogs.

d) rivers.

Question 04

Dominium could be acquired:

a) both by Roman citizens and foreigners.

b) over any type of property.

c) over certain types of property provided that appropriate method of acquisition had been followed.

d) all of the above.

Question 05

Bonitary ownership:

a) was synonymous to Dominium.

b) was an invention of the ius civile.

c) gave protection to the bonitary owner against third parties, but not against the dominus.

d) could mature into dominium with the passing of time.

Question 06

Possession in Roman law:

a) was essentially no different from ownership.

b) was a form of physical control coupled with a requisite mental intention.

c) was invariably protected by possessory interdicts irrespective of the nature of the possession.

d) all of the above.

Question 07

The appropriate remedy for the retention of possession was:

a) the interdict quorum bonorum.

b) the interdict unde vi.

c) the interdict de vi armata.

d) the interdict uti possidetis/utrubi.

Question 08

Ownership of wild animals could be acquired:

a) by way of accessio.

b) by way of mancipatio.

c) by way of occupatio.

d) by way of specificatio.

Question 09

Ownership of wild animals:

a) only vested in the first taker if they were caught on private land.

b) endured provided they did not escape, except for those animals with the animus revertendi.

c) vested in the first taker even if they were merely wounded without having been captured.

d) all of the above.

Question 10

When person A used his materials to build a house on the land belonging to person B:

a) the land acceded to the house.

b) the house acceded to the land and the owner of the materials relinquished ownership over them.

c) the house acceded to the land, but the ownership of the materials remained dormant until the house was demolished.

d) none of the above.

Question 11

Where a new product (nova species) was created from materials belonging to another:

a) the Sabinians argued that the new object was res nullius and therefore became the property of the creator.

b) the Proculians argued that the owner of the materials remained the owner of the newly formed product.

c) the creator of the new product became the owner according to Justinianic law.

d) ownership of the newly formed product only vested in the maker if the object could not be reduced to its constituent parts.

Question 12

Treasure:

a) found on your own land belonged to the state according to Hadrian's ruling.

b) found on sacred/religious land belonged to the state according to Hadrian's ruling.

c) found on the land belonging to another was divided between the finder and the owner of the land according to Hadrian's ruling.

d) found on the land belonging to another following a deliberate search belonged entirely to the finder according to Justinian's ruling.

Question 13

The following categories of persons obtained ownership of fruits by mere separation:

a) the bona fide possessor.

b) the tenant of agricultural land.

c) the usufructuary.

d) the mala fide possessor.

Question 14

The actio publiciana:

a) was available to all possessors.

b) was introduced in the early years of the Empire to protect the owner against claims from possessors in good faith.

c) was only available to bonitary owners and possessors in good faith.

d) all of the above.

Question 15

Traditio brevi manu was:

a) a form of acquisition of ownership where the transferor pointed out the object to the transferee and authorised him to take charge of it.

b) a form of acquisition of ownership where the transferor supplied the transferee with the means to take charge of the object e.g. a key.

c) a form of acquisition of ownership founded on an agreement between the transferor and transferee that ownership of the object would pass to the transferee, but that the transferor would retain possession.

d) a form of acquisition of ownership where the transferee already had possession of the object before he agreed with the transferor to obtain ownership of it.

Question 16

Which of the following is not a ius civile mode of acquiring ownership of property:

a) in iure cessio.

b) mancipatio.

c) occupatio.

d) usucapio.

Question 17

Longi temporis praescriptio:

a) was an institution analogous to usucapio that was introduced during the second century AD by way of Imperial legislation.

b) was designed to provide legal protection to long-term possessors of Italian land.

c) had the same legal requirement as usucapio, except that the period of time required was much shorter.

d) could be used even if the possessor was mala fide.

Question 18

Real/Praedial servitudes:

a) applied to both movable and immovable property.

b) vested in a specific person irrespective of his ownership of the property.

c) were in principle perpetual.

d) could be exercised over one's own property.

Question 19

Personal servitudes:

a) could only be held over immovable property.

b) did not grant the holder of the servitude physical possession of the property.

c) vested in a specific person, not in the property itself.

d) assumed a variety of forms and were classified as either urban or rustic.

Question 20

A usufructuary:

a) was entitled to occupy and control the property at will.

b) had to keep any buildings on the property in a good state of repair.

c) could alter the character of the property if it constituted an improvement.

d) could use the property for any purpose.

 

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