The In Iure Cessio of Roman Law

By: Anavitarte, E. J.*

The in iure cessio is a derivative way of acquiring property, in which the presence of a magistrate mediates as a witness of the legal act, and as a guarantee of its subsequent compliance.

This way of acquiring property dramatizes the Roman judicial process, in which the suitor claims to be the legitimate owner before the magistrate, in front of his previous owner, who does not file any exception to this claim, so the magistrate declares the domain about the thing.

The role of the magistrate is limited to verifying that both people agree with the transfer of ownership of the thing, and if so, sanctions the act (addicit).

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