Paper's abstract

René-Marie Rampelberg, Durability and Evolution of the res incorporales after Roman Law
Roman lawyers, in contrast with Gaius, left the laws outside things, even if incorporeal. But they did not exclude easement, usufruct, debts and other rights of property constituting a patrimony, for they really considered these rights as incorporeal things. The Middle Age also rejected the contrast made by Gaius between the matter and the law by making up the technique of simultaneous properties on one identical fund, they are all nothing else than incorporeal things. Whether the goods are corporeal or incorporeal is irrelevant. Today still - the matter of real estate being let aside - custom tradition continues to assert itself, questioning once more the strict distinction made by Gaius between the corporeal property, or ability to dispose totally of the matter, and the right, an incorporeal element, on someone else's belongings.

Key Words : res incorporales, Rome
t. 43, 1999 : p. 35-43

---