{"title":"古典罗马法渊源中用于表示不动产的术语","authors":"Renata Świrgoń-Skok","doi":"10.26399/iusnovum.v16.2.2022.22-r.swirgon-skok","DOIUrl":null,"url":null,"abstract":"Summary This paper has discussed a variety of terms used in classical Roman law to denote land, namely: praedium, fundus, locus, possessio, villa, ager, solum. Apart from those, terminology used for land in the classical law period comprised: res quae solo continentur/tenentur (things related to land), res solo cohaerentes (things attached to land) or simply res soli (real property), while the term res immobiles, meaning real property, appeared in the sources of Roman law as late as in the post-classical period. The analysis of the selected sources of Roman law indicates that the scope of those terms was wider or narrower, which means that they sometimes coincided or overlapped, and as a result they were sometimes used interchangeably. The terminology in this respect fluctuated, and the scope of individual terms was being determined by Roman jurists when resolving individual cases. The preserved sources of Roman law indicate that although attempts were made to define individual terms used in respect of land, Roman lawyers did not fully develop a complete division of land into individual categories.","PeriodicalId":33501,"journal":{"name":"Ius Novum","volume":"16 1","pages":"205 - 217"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Terminology used to Denote Real Property in the Sources of Classical Roman Law\",\"authors\":\"Renata Świrgoń-Skok\",\"doi\":\"10.26399/iusnovum.v16.2.2022.22-r.swirgon-skok\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Summary This paper has discussed a variety of terms used in classical Roman law to denote land, namely: praedium, fundus, locus, possessio, villa, ager, solum. Apart from those, terminology used for land in the classical law period comprised: res quae solo continentur/tenentur (things related to land), res solo cohaerentes (things attached to land) or simply res soli (real property), while the term res immobiles, meaning real property, appeared in the sources of Roman law as late as in the post-classical period. The analysis of the selected sources of Roman law indicates that the scope of those terms was wider or narrower, which means that they sometimes coincided or overlapped, and as a result they were sometimes used interchangeably. The terminology in this respect fluctuated, and the scope of individual terms was being determined by Roman jurists when resolving individual cases. The preserved sources of Roman law indicate that although attempts were made to define individual terms used in respect of land, Roman lawyers did not fully develop a complete division of land into individual categories.\",\"PeriodicalId\":33501,\"journal\":{\"name\":\"Ius Novum\",\"volume\":\"16 1\",\"pages\":\"205 - 217\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ius Novum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.26399/iusnovum.v16.2.2022.22-r.swirgon-skok\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ius Novum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.26399/iusnovum.v16.2.2022.22-r.swirgon-skok","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
摘要本文讨论了古典罗马法中用于表示土地的各种术语,即:praedium、flounds、locus、所有物、villa、ager、solum。除此之外,古典法时期用于土地的术语包括:res quae solo continentur/tenentur(与土地有关的事物)、res solo cohaerentes(附属于土地的事物)或简单的res soli(不动产),而res不动产一词,意为不动产,早在后古典时期就出现在罗马法的渊源中。对选定的罗马法来源的分析表明,这些术语的范围更广或更窄,这意味着它们有时重合或重叠,因此它们有时可以互换使用。这方面的术语起伏不定,个别术语的范围由罗马法学家在解决个别案件时确定。保存下来的罗马法律资料表明,尽管有人试图定义与土地有关的个别术语,但罗马律师并没有完全将土地划分为个别类别。
Terminology used to Denote Real Property in the Sources of Classical Roman Law
Summary This paper has discussed a variety of terms used in classical Roman law to denote land, namely: praedium, fundus, locus, possessio, villa, ager, solum. Apart from those, terminology used for land in the classical law period comprised: res quae solo continentur/tenentur (things related to land), res solo cohaerentes (things attached to land) or simply res soli (real property), while the term res immobiles, meaning real property, appeared in the sources of Roman law as late as in the post-classical period. The analysis of the selected sources of Roman law indicates that the scope of those terms was wider or narrower, which means that they sometimes coincided or overlapped, and as a result they were sometimes used interchangeably. The terminology in this respect fluctuated, and the scope of individual terms was being determined by Roman jurists when resolving individual cases. The preserved sources of Roman law indicate that although attempts were made to define individual terms used in respect of land, Roman lawyers did not fully develop a complete division of land into individual categories.