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Theses

Etude de l'accession artificielle en droit romain

Abstract : Accessio was used (untechnically) by the Romans to include all cases where things belonging to different owners were physically attached to one another or, if they were liquid or solid materials, mixed with one another. To cover theses cases, and for specificatio of materials belonging to another, the late Republican and classical jurists framed rules which were in part influenced more by philosophy than practical ideas. If movables were attached to immovables in such a way that a uniform thing was created, ownership of the movables was absorbed into the ownership of the land. If movables were merged to form a uniform thing, he whose thing had contributed most substantially to the new one would become owner of it. The accessio to form a composite thing (a house, a ship) did not affect the ownership in the constituents, so that every owner could demand separation of his thing from the possessor of the whole thing (by action ad exhibendum) and then vindicate his thing.
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Submitted on : Thursday, January 19, 2012 - 1:57:10 PM
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Laurent Balanger. Etude de l'accession artificielle en droit romain. Droit. Université d'Auvergne - Clermont-Ferrand I, 2004. Français. ⟨NNT : 2004CLF10271⟩. ⟨tel-00661386⟩

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