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CLASSIFICATION OF MODES OF ACQUISITION

Modes of acquisition can be classified in various ways. Roman law clas­sified modes of acquisition according to whether they arose from the ius gentium (the law of peoples or nations) or the ius civile (civil law, i.e.

Roman law). The point of this distinction is that the ius civile methods of acquisi­tion were open only to Roman citizens. Another distinction is between original acquisition and derivative acquisition. Derivative acquisition occurs when ownership is acquired from a previous owner. Original acquisition occurs when property is acquired otherwise than from a previous owner, for example with the acquisition of ownerless property. In original acquisition, the acquirer takes ownership unaffected by any defect in the right of any previous owner. In derivative acquisition, on the other hand, the acquirer’s right is subject to any such defect. Thus, for example, a buyer of stolen property (who would acquire by derivative acquisition) gains no right to the property, as the seller had no such right.

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Source: Anderson Craig. Roman Law Essentials. Edinburgh University Press,2018. — 144 p.. 2018
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