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Article

Published

Volume 8 Issue 6 (60)

The notion of the right of ownership, possession and holding are key to the Roman law, which is known to have influenced European law of the middle Ages and in modern law. Real right developed by the jurists of Ancient Rome, still serves as a source of inspiration for improvement of the civil law and at the same time a subject of debate for the jurists of our time. Especially relevant is the topic for the study of the history of Italy, in particular for the study of self-organizing structures of the medieval city, allowing you to trace the mechanisms of their interaction. The objective of this work was to study the following issues: can we assume that in Ferrara the XIV century the immovables were acquired by right of ownership? Distinguish whether the Ferrara notarii right of ownership and possession (possessio)? Can we talk about the presence in Ferrara acts such categories as holding (detentio), and whether they reflected the dichotomy of possession and holding? A study of the acts of the patrimonial archive of the counts Sacrati showed that the right to immovables acquired by the buyer in Ferrara fourteenth century, and according to the ideas of Roman law, and in the framework of modern concepts in line with the right of ownership. As in Roman law, the right medieval Ferrara the concept of right of ownership is opposed to the notion of possession (possessio), as actual possession of the thing, which can be not linked to the right. In turn, along with possession of the documents of Ferrara is another view of actual possession of the thing – holding. This category differs from the ownership of the owners ' lack of will – animus possidendi. In the complex of the investigated acts of holding, as the right to use someone else's property according to the will of the owner of the property, established by such treaties, such as emphyteusis and usus, and expressed in those documents, the verb “tenere”. Despite the fact that the terms medieval documents indicating the concept of “right of ownership”, “possession”, “holding”, not always fully correspond to the terminology of Roman law (property in them more often denoted as the acquisition iure proprio than proprietas), the content of rights determined by these acts, is consistent with the norms of Roman law.

15.03.2017

16.07.2017

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