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Monday, December 3, 2012

Classification of Res

Classification of res:
Res have been classified in the following categorized:-
1.     corporales and res incorporales Res
Ø Res corporales are tangible object which can felt or touched.such thing have a physical existence and can be possessed and delivered. Such as land, hose, gold, money, slave etc

Ø Res incorporales are intangible thing and have no actual existence. Which cannot touched or perceived by the sense and exist only the eye of law it consist of abstract right. Such as servitude, right of inheritance and obligation etc.

2.     Res mancipi and res necmancipi:
Ø Res mancipi can only be legally conveyed or transfer by the formal ceremony of mancipato. If it transfer in other way no title passed to the transferee. Land or house in Itally, slave, oxen, horse, asses and servitude were designated as res mancipi.

Ø Res nec mancipi which could be transferred by tradition or delivery of possession.

That was the real distiretion between the two mode of transfer. But in Justinian law these distinction are removed and mancipatio was disappeared.

3.     Res mobiles and res immobiles:
4.     Res extra patrimonium and res inpatrimonium:
Ø Res extra patrimony is a thing which is incapable of being owned by a private person but the use of it for all. Res extra patrimonium are classified in following catagories

Ø Res communes:
That means common thing or property. Res communes are which things common to all people and enjoyed by the entire world. But not capable of appropriation by anybody such as air, running water, the sea and sea shoe.

Ø Res publicae:
That means public property. Res publicae are the things or property of the state. Such as public roads, harbours, rivers, the bank of the river etc.

Ø Res universitatis:
That means corporation property. Res universitatis are the property of a corporation. Such as a theatre, a stadium or university.

Ø Res nullius:
Res nullius are thing which belong to nobody. Such as wild animal, treasure trove etc. but it can be a private property when found and occupied by and individual.

5.     Res fungibiles and non fungibles:
Ø Res fungibles are things which are dealt with by weight, number or measure such as money, silver, gold, oil, wine and grain which are usually regarded collectively.

Ø Res non fungibles are things such as horse or piece of land which are regarded as individual units.