POSSESSION AND DETENTION IN ROMAN LAW

Romanova Natalia Vladimirovna

This article analyzes such institutions of Roman law as Possession and Detention. The constructions of possession and holding of a thing in Roman law, despite their complexity, nevertheless eliminated the conflict of interests of the parties in three aspects: the arbitrariness of third parties; settlement of a dispute between the owner of a thing and its actual owner; determined the ownership of the thing in the absence of its owner. In each case, the definition of the type of ownership was of great importance. Perhaps the key to uncovering the origins of this distinctive quality of Roman law lies in the remarkable way of thinking of the Roman legislator, who preferred to look for the ideal solution for the individual case, rather than in the definitions and categorization of legal institutions. This is perfectly demonstrated by the example of claims filed by REI VINICATIONES UTILES, which, denying the division of claims into collateral and "property", but with their usefulness and practicality strive for a fairer procedural position of the parties in specific cases. A similar impression is left by the Publicians' lawsuit, which seems to have arisen directly from the necessity of a more just and cost-effective arrangement of relations, the origin of which, however, and, consequently, the original purpose remain largely hidden from us.

Keywords:Possession, Roman law, Detention, ownership, acquisitive prescription.