in bonis
Quick Summary
In Roman law, "in bonis" refers to a concept related to ownership and possession that developed through the praetorian edict, offering protection beyond the strictures of the civil law (jus civile). This "bonitarian" or "bonitary" ownership was a more equitable form of possession, eventually recognized alongside civil ownership.1
Key aspects of Roman property law included:
* Absolute Ownership (dominium): The Roman conception of owning property outright, distinct from other legal systems.2
* Methods of Transfer: Formal processes like mancipatio (ceremonial conveyance) and in jure cessio (lawsuit-like transfer) were used, alongside simpler delivery (traditio) which led to bonitarian ownership.2
* Acquisition of Property: Ownership could be gained through length of possession (usucapio), by taking possession of ownerless things (occupatio), or through the joining of property (accessio).2
* Rights in Property: Concepts like servitudes (rights in another's property) and ususfructus (right to use and enjoy fruits) existed.2
Additionally, bonorum possessio specifically referred to the right of possessing the property of a deceased person, altering traditional succession orders.3
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