mancipatio การใช้
- Mancipatio existed even before the Twelve Tables.
- "Mancipatio " was also the legal procedure for drawing up wills, emancipating children from their parents, and adoption.
- By giving the bonitary owner the protection of an owner, the Praetor had very much weakened the " res mancipi " distinction and come close to abolishing the need for " mancipatio ".
- Gaius goes on to say that " res mancipi " may only be conveyed formally, that is either by the " mancipatio " ceremony, on " in iure cessio ".
- In ancient Rome " mancipium " meant the relation of subjection of one person to another, existing because of " mancipatio " ( the reverse process is the emancipation ), as well as a person subjected thus.
- The procedure of acquisition of property " by scales and bronze " ( " per aes et libram " ) is described as follows by Gaius : " Mancipatio is effected in the presence of not less than five witnesses, who must be Roman citizens and of the age of puberty, and also in the presence of another person of the same condition, who holds a pair of brazen scales and hence is called " Libripens ".