ROMAN LAW OF PROPERTY -First Set of Questions

FOUNDATIONS OF SOUTH AFRICAN LAW
Law of Property
Ownership, possession, categories of res
Working Questions I
1. Sextus goes for a walk in the countryside. It’s a hot and sunny day, and he wishes he had decided to wear a hat. As he passes a meadow, he sees an old weather-beaten hat lying in the grass. He picks it up and puts it on his head.
(a) After picking up the hat, is Sextus in possession of the hat? Explain.


(b) Does Sextus become the owner of the hat?

2. It’s the year 400AD. Quintus wishes to buy a very impressive house in Rome, and he approaches the Catholic bishop who lives nearby to enquire whether the small unused church in the neighbourhood is possibly up for sale.
(a) Write a short dialogue to illustrate what you think the conversation between the bishop and Quintus might have been.


(b) How would the facts of this little tale have differed if the date was 200BC?

3. It’s a windy day and bits of debris get blown into Lavinia’s back yard. Among them is a beautiful feather which appears to originate from the plumage of a wild peacock which roams in the forest nearby.
(a) Does Lavinia become the possessor of the feather lying in her garden?


(b) Does she become the owner of it?


(c) Would your answers to (a) and (b) differ if she had picked the feather up and put it in a vase in her house?

4. Desideria is a young entrepreneur and wishes to make what in common parlance is called a quick buck. She chances upon a deserted beach which she thinks would be very popular with the young party crowd. She wants to set up a bar and an outdoor disco there.

(a) Write a short legal opinion advising Desideria of the chances of her plan succeeding.

5. Mucius is a scientist and wants to experiment on the atmosphere in order to find a solution for global warming. He wishes to bottle a quantity of air.

(a) Advise Mucius on the legal position.


6. The year is 50BC. Cassius has two slaves but wishes to sell one of them since his household requires less assistance than before. He is in a hurry to get rid of the slave and to pocket the proceeds. He decides to sell the slave in question to his good friend Lucius. Since they are such good friends, they decide they will not go through the tiresome procedures required for mancipatio and that they will rather just agree informally between themselves on the sale. Yet, a week after the sale, they have an argument, and Cassius decides he will show Lucius who’s boss. When he sees the slave in question pass his front door, he invites him into his house, and then refuses to release him to Lucius when the latter comes calling looking for his slave.
(a) Analyse the legal position, and the respective rights of the two parties. Set your analysis out in ten simple sentences.


(b) Would your answer differ if the year were 550AD. Why?


7. Lucretia has a beautiful necklace which slips off when she goes to the Circus Maximus to watch the races.
(a) Advise Lucretia.