Mancipatio and in iure cessio - few remarks on their resemblances and differences in the Institutions of Gaius
Abstract
Mancipatio and in iure cessio are methods to acquire the ownership, or, more generally speaking, to acquire the power (not only over the property, but over the persons, as well). Both are defined as formal and abstract proceedings known to the Roman civil law.
However, these legal proceedings resemble each other not only in the above-mentioned characteristics. On the other hand, they differ in many aspects, as well, the most visibly in the form of their performance.
We may divide the position of the mancipatio and in iure cessio in the Roman legal order and the relationship between them into three categories: a) mancipatio and in iure cessio frequently alternate each other; b) both of them shall be used jointly to receive the desired result; and c) only one of them shall be used for the relevant purpose and the second one does not suit. The paper summarizes the appearance of mancipatio and iniurecessio in Institutes of Gaius and analyzes the Institutes of Gaius from the point of view of above-mentioned division of the relation between the mancipatio and the iniurecessio.