2.1.26 to 2.1.31

(20) Therefore, if I deliver to you a garment, or some gold or silver, either by way of sale or donation, or for any other reason, the property immediately becomes yours, provided I am the owner of the same. (21) To the same class belong lands in the provinces, some of which we designate as taxable, and others as tributary. Those are taxable which are situated in the provinces and are understood to be the property of the Roman people; those are tributary which are situated in the provinces and are considered the property of the Emperor. (22) On the other hand, things susceptible of sale are such as are transferred to another by mancipation, from whence they are styled mancipable, and this has the same validity as a transfer in court. (23) We explained mancipation and the manner in which it takes place in the preceding Commentary. (24) A transfer of property in court takes place as follows: He to whom the property is to be conveyed appears before a magistrate of the Roman people, for example, the Prætor, and holding the property in his hands, says: "I declare that this slave belongs to me by quiritarian right." Then, after he makes this claim, the Prætor interrogates the other party to the transfer as to whether he makes a counter-claim, and if he does not do so, or remains silent, he adjudges the property to the party who claimed it. This is called an act of legal procedure, and it can even take place in a province before the governor of the same. (25) For the most part, however, indeed almost always, we make use of sales by mancipation; for while we ourselves can transact our business in the presence of our friends, there is no reason or necessity for us to do so with greater difficulty before the Prætor, or the Governor of the province.