2.1.19 to 2.1.25

(15) Likewise, estates subject to taxation and tribute are not subject to sale. According to what we have stated, cattle, horses, mules, and asses are held by some authorities to be susceptible of sale as soon as they are born; but Nerva, Proculus, and other jurists of a different school think that such animals are not subject to sale unless they have been tamed; and if this cannot be done on account of their extreme wildness, then they are considered to be salable when they reach the age at which others of the same kind are usually tamed. (16) In like manner, wild beasts, as for instance, bears, lions, and those animals which can almost be classed as wild beasts, for example, elephants and camels, are not subject to sale; and therefore it makes no difference whether these animals have been broken to harness or to carry burdens, for they were not even known at the time when some things were decided to be saleable and others were not. (17) Again, almost all things which are incorporeal are not subject to sale, with the exception of servitudes attached to rustic estates; for it is established that these can be sold, although they are included in the number of incorporeal things. (18) A great difference exists between things which are saleable by mancipation and things which are not. (19) Things which are not saleable by mancipation become the property of others absolutely by mere delivery; if they are corporeal and on this account are capable of being delivered. [1] Original manuscript illegible. [2] The early Roman law divided property of every description into two classes, res mancipi and res nec mancipi . Ownership of the first could only be transferred by compliance with certain prescribed legal formalities, either involving a fictitious sale in the presence of witnesses and a balance-holder, or a public surrender of the property in court. The legal capacity to acquire res mancipi was vested only in those enjoying the privileges of Roman citizenship, who were said to obtain their title ex jure quiritium ,by quiritarian right. Where neither of these formal methods of transfer was employed, the ownership did not pass until sufficient time had elapsed to establish title by prescription, and in the meantime, the property was considered to be in bonis ,or merely in possession of the holder by bonitarian right. Res nec mancipi ,which included everything not coming under the first head, and not belonging to the State, as set forth in the text, were transferable by mere delivery. The distinction between res mancipi and res nec mancipi which, for many years previously, had practically been ignored in business transactions, was abolished by Justinian. —ed.