The Mancipatio in Roman Law

Por: Anavitarte, E. J.*

The mancipatio was a solemn way of acquiring property in the Roman civil law, which consisted in the control transferring of something through the simulation of a real market sale, by using a balance and a piece of copper.

It is considered a legal fiction because the copper and balance are not used to weigh the real value of the payment, but to give the solemnity of a legal sale to the mancipatio, and afterward the payment could be made in any other way.

This mode of transferring ownership had the symbolic result of declaring that the sale had been fully consummated, because of the payment of a weighed metal piece, and in presence of witnesses. Thus, the sale was─in addition to being effective─honorable.

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