Bonitarian property is the right to own any property, according to later Roman law than Quirite.
Translation Features
The definition of bonitary property in Roman law as such did not exist. The phrase habere in bonis, used in the Roman Empire, is more correctly translated from Latin as "bonitary possession" and not "property". However, it is precisely the incorrect interpretation of translation that has settled in Russian linguistics, which is why it is still used in Russian jurisprudence.
Despite the fact that in Russia the concept of "bonitary property" is used, another translation is also used. Be that as it may, the essence of the concept remains unchanged when using any of the accepted translations of the term.
The essence of the concept
In the initial period of the formation of ancient Roman law, the bureaucracy in the empire was excessively inflated, and therefore paperwork became a rather acute problem.
The normal development of trade and market relations in the Roman Empire could not be combined with such a difficult bureaucratic situation, so the country's leadershipwas forced to take measures to simplify the law. In order to avoid a long procedure for transferring goods from the seller to the buyer, the state began to transfer the purchased items using the simple transfer method. In such a transaction, the praetor (state official) at the official level assigned the purchased goods to the buyer as a bona fide purchaser (in bonis), while bypassing all formal procedures.
Some Features
In the case when the property was transferred in a different way, which was not noted in the Kvirite law, the acquirer could not be deprived of the right to possess this property. However, at the same time, two rights of possession were established on the thing at once: new (bonitary property) and old (according to kvirite law). In accordance with this legislation, the kvirite property of an object was in the hands of one person, and the bonitar property was in the hands of another.
It is worth noting that, over the years, bonitar (praetor) property could be transformed into kvirite property. There were some other features of buying and selling things in this way, but these were quite rare situations, so they will not be considered within the framework of this article.
Property types: Quirite, Bonitary and Provincial Peregrin property
This section will define the types of property that existed in the Roman Empire.
Quirite property was regulated according to civil law in Rome. In the early history of the empire it wassole property right in the country. To own a thing under Quirite law, one had simply to be a Roman citizen with the right to own property.
Bonitary - property based on praetor law. This type of property, as already mentioned above, was contrary to quirite law, since such a transaction did not involve a manipulation rite, so it was not recognized by them.
Provincial property appeared in connection with the expansion and expansion of the Roman Empire far beyond the Apennine Peninsula. Since quirite law could not be implemented in the rest of the territory, except Italy, the authorities of the Empire had to come up with a different way to regulate private ownership of property. Therefore, the so-called provincial property was created, according to which a person received the right to use state property in order to derive a certain benefit from it.
Peregrine property was the property belonging to persons who did not have Roman citizenship (peregrines). They were subject to rules not applicable in the territory of the empire. Therefore, foreigners could not have full protection in the Roman court in contentious matters relating to property. Over time, Peregrine property ceased to exist as such and merged with bonite property.
Quirite, Bonitary, Provincial and Peregrine properties are the main types of property ownership everthat existed on the territory of the Roman Empire.
Features of Roman law
In Roman property law, Quirite and Bonitary property existed side by side with each other. This was due not only to the conditions that had formed in the state, but also to the mentality of the native Romans.
The main feature of the thinking of the Romans, whose state eventually became simply immense in those days, was the positioning of their ethnic group as dominant in the country. Therefore, the conservative orders laid down by the ancestors were unshakable. However, the Romans were very pragmatic and understood that the bureaucratic swamp did not allow speculators and ordinary citizens to effectively conduct business.
That is why the country has developed a situation where at the same time there were two main types of property at once, which in many respects contradicted each other.
Consequences
In Roman jurisprudence for a long time there was a dualism in relation to property rights. Of course, such a situation did not have the most successful impact on both the economic and social and legal aspects.
However, for several centuries the Romans could not correct the situation, so they had to put up with the current system. Only in the VI century. n. e., after the fall of Western Rome and the beginning of the domination of barbarian kingdoms in Western Europe, the situation associated with the duality of property rights was abolished in the successor state of the Roman Empire.
Changing this systemis associated with the name of the legendary emperor Justinian, who in a special constitution prescribed the rejection of this scheme for regulating property rights on the territory of his state.
Thus, Quirite and Bonitary property ceased to exist, ending an entire era in the historical path of the Roman Empire.
Conclusion
Roman law served as the basis for the formation of common European law in the newly formed barbarian kingdoms. That is why it is still studied at universities in the faculties of law.
Many of the principles and foundations laid down in Rome were adopted and are still applied in some countries of the world. Despite the fact that Roman law is practically not applicable in the realities of the modern world, in the era of antiquity it was the most thoughtful and regulated law among all the states that existed at that time.
Bonitarian property is one of the important elements of Roman jurisprudence, which largely characterizes the legislation that existed in this country before the 6th century. n. e.
