Res Nec Mancipi
idea · 2 works · 2 mentions · 3 anchored passages
res nec mancipi · things not mancipable · things which did not require a Mancipation
in the texts
Institutes of Roman Law
The Roman law category of things whose ownership passes by mere tradition.
Complete ownership in things not mancipable is transferred by merely informal delivery of possession (tradition), if they are corporeal and capable of delivery.
Res nec mancipi, that is all objects of individual ownership, other than res mancipi, were the only things allowed to pass in complete ownership (pleno jure) simply by tradition, § 19.
according to Nerva and Proculus and their followers, such animals are not mancipable until tamed, or if too wild to be tamed, until they attain the age at which other individuals of the species are tamed.
Ancient Law
The lesser Roman property class transferable by simple delivery, which gradually absorbed the favored class.
Such commodities were at first, I imagine, called emphatically Things or Property, and the mode of conveyance by which they were transferred was called a Mancipium or Mancipation;
The Res Mancipi, however, did certainly at first enjoy a precedence over the Res Nec Mancipi, as did heritable property in Scotland, and realty in England, over the personalty to which they were opposed.
The distinction between Res Mancipi and Res Nec Mancipi is the type of a class of distinctions to which civilisation is much indebted, distinctions which run through the whole mass of commodities, placing a few of them in a class by themselves, and relegating the others to a lower category.