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Roman Law of Things Trivia Quiz

The questions in this quiz cover Roman Law as it was up to an including Justinian's modifications to classical law. There are a lot of Latin legal terms so prepare yourself.

A multiple-choice quiz by foregone. Estimated time: 6 mins.

Author
foregone

Time
6 mins

Type
Multiple Choice

Quiz #
257,664

Updated
Dec 03 21

# Qns
10

Difficulty
Difficult

Avg Score
5 / 10

Plays
451

Last 3 plays: Stoaty (10/10), Sweeper11 (10/10), shuehorn (10/10).

Question 1 of 10

1. Which of the following was not a requirement for ownership to pass via 'usucapio'? Hint

Res Habiles

Tempus

Possessio

Vitium

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Question 2 of 10

2. Which of these legal terms is a rule in law which prevents a person from passing more rights than he has to another? Hint

Nemo plus iuris

In iure cessio

Dominium ex iure Quiritum

Longi temporis praescripto

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Question 3 of 10

3. Which of the following is a form of real security recognized under Roman Law? Hint

Metus

Fiducia

Permutatio

Inuria

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Question 4 of 10

4. Gaius wishes to sell his horse to Flavius, however he wants to rent the same horse from Flavius for a period of 2 weeks after the sale. Which form of delivery would best suit him? Hint

Symbolic Delivery

Traditio Brevi Manu

Constitutum Possessorium

Traditio Longa Manu

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Question 5 of 10

5. Emperor Hadrian ruled that a person accidentally finding a treasure trove on another's land became what? Hint

Owner of half the trove. The owner of the land owned the other half.

Owner of 2/3 of the trove. The owner of the land owned the other 1/3.

Owner of the trove.

Nothing. The trove belonged to the owner of the land.

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Question 6 of 10

6. Which is a term signifying the joining of two things in such a way that one becomes a component of the other? Hint

Specificatio

Accessio

Confusio

Occupatio

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Question 7 of 10

7. Which action would you use to get something which you owned back from a thief? Hint

Actio legis Aquiliae

Aediles curules

Contractus re nominati

Rei vindicatio

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Question 8 of 10

8. What is a usufruct, or 'usufructus'? Hint

The right to destroy a thing.

The right to pass the thing after death.

The right to sell a thing.

The right to use, and receive the fruits of, the property of another.

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Question 9 of 10

9. When one has a servitude over the land of another this right can be broadly classified as a what? Hint

res extra commercium

ius in rem propria

ius in rem aliena

actio in rem

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Question 10 of 10

10. 'Nuda proprietas' best describes the position of whom? Hint

Someone who has concluded a contract of sale but not yet delivered the object of the sale.

The thief who has taken another's thing.

The person who owns a property subject to a usufruct.

The co-owner of a business.

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Quiz Answer Key and Fun Facts

1. Which of the following was not a requirement for ownership to pass via 'usucapio'?

Answer: Vitium

'Vitium' refers to the 'taint' which attaches to a thing if it has been stolen. 'Res habiles' means it must be able to pass via 'usucapio', 'possessio' means that it must be in possession of the person for them to acquire it and 'tempus' refers to the time frame which must pass.

2. Which of these legal terms is a rule in law which prevents a person from passing more rights than he has to another?

Answer: Nemo plus iuris

The full term is 'nemo plus iuris ad alium transferre potest, quam ipse habet'. 'Nemo' translates as nobody or no one, and was also the name given to the lost son in 'Finding Nemo'.

3. Which of the following is a form of real security recognized under Roman Law?

Answer: Fiducia

'Fiducia' was the earliest form of real security under Roman law. It is also the the root for English terms such as the 'fiduciary' relationship between people, or relationship of trust.

4. Gaius wishes to sell his horse to Flavius, however he wants to rent the same horse from Flavius for a period of 2 weeks after the sale. Which form of delivery would best suit him?

Answer: Constitutum Possessorium

All the above are forms of delivery, however 'Constitutum Possessorium' does not require the immediate handing over of the thing to the buyer and so would suit Gaius best.

5. Emperor Hadrian ruled that a person accidentally finding a treasure trove on another's land became what?

Answer: Owner of half the trove. The owner of the land owned the other half.

Different rules applied if the person did not find the treasure trove accidentally. While the current day definition and law regarding treasure troves differ under the different countries and legal systems, the definitions commonly define it as property concealed purposefully and of which the owner can be considered dead.

6. Which is a term signifying the joining of two things in such a way that one becomes a component of the other?

Answer: Accessio

Most legal systems have had a tough time at one point or another deciding which is the principle thing and which the accessory in some specific cases. This is necessary under systems based on Roman law as it was held that the owner of the principle thing was also owner of the newly joined item.

7. Which action would you use to get something which you owned back from a thief?

Answer: Rei vindicatio

Which means 'the vindication of a thing'. As the South African legal system is primarily Roman-Dutch common law, this action forms an integral part in its modern day Law of Things.

8. What is a usufruct, or 'usufructus'?

Answer: The right to use, and receive the fruits of, the property of another.

The usufruct includes the 'ius utendi' and the 'ius fruendi', namely the right to use and to the fruits of the property. One could only, generally, acquire a usufruct over a non-consumable thing. If these rights were extended over consumables it would be termed a quasi-usufruct.

9. When one has a servitude over the land of another this right can be broadly classified as a what?

Answer: ius in rem aliena

'Ius in rem aliena' means a right over the property of another. 'Ius in rem propria' means a right over your own thing/property. An 'actio in rem' is a legal action. 'Res extra commercium' are things which cannot be owned as they are 'things outside of commerce'.

10. 'Nuda proprietas' best describes the position of whom?

Answer: The person who owns a property subject to a usufruct.

'Nuda proprietas' means bare ownership. As the usufructuary has the right to use and the right to the fruits of a thing, the owner doesn't have all that much left.

Source: Author foregone

This quiz was reviewed by FunTrivia editor trident before going online.
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