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p653 In Jure Cessio

Article by George Long, M.A., Fellow of Trinity College
on p653 of

William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.

JURE CESSIO, IN, was a mode of transferring ownership by means of a fictitious suit, and so far resembled the forms of conveyance by fine and by common recovery, which, till lately, were in use in England. The In Jure Cessio was applicable to things Mancipi and Nec Mancipi, and also to Res Incorporales, which, from their nature, were incapable of tradition. The parties to this transaction were the owner (dominus qui cedit), the person to whom it was intended to transfer the ownership (vindicans, cui ceditur) and the magistratus, qui addicit. The person to whom the ownership was to be transferred, claimed the thing as his own in presence of the magistratus and the real owner; the magistratus called upon the owner for his defence, and on his declaring that he had none to make, or remaining silent, the magistratus decreed (addixit) the thing to the claimant. This proceeding was a legis actio.

An hereditas could be transferred by this process [Heres, p601B]; and the res corporales, which belonged to the hereditas, passed in this way just as if they had severally been transferred by the In Jure Cessio.

The In Jure Cessio was an old Roman institution, and there were provisions respecting it in the Twelve Tables (Frag. Vat. s50).


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Page updated: 11 May 01