Roman Law and civil legal systems require legal ownership; what the heck does that even mean?

Roman Law requires legal ownership.


The statement seems axiomatic.  The law requires legal ownership.  Duh?

Well, if you live in a jurisdiction with an Anglo-Saxon legal tradition such as the US or England, this actually isn’t true for you.

Did you know that Roman Civil law has an absolute right to ownership, whereas Germanic – and thus English law – places an emphasis on who has the ‘better’ right to possession?  At the risk of over simplifying, you need to have acquired title by law under Justinian’s Code, but in Northern Europe they’re more of a “finders-keepers sucka!” kind of culture.  #accessio #specificatio #usucapio #occupatio #traditio

If you’re having a hard time understanding property rights in another country’s legal system, we can help!