Powstanie peculium (permissus domini, constituere peculium, concessio peculii) w rzymskim prawie klasycznym

Abstract

The aim of this paper is to analyse legal terminology connected with the creation of the peculium. There are three terms in classical law sources: permissus domini, constituere peculium and concessio peculii. Permissus domini was the owner’s permission for a slave to hold a peculium. I think that constituere peculium was the creation of the peculium by the master, who separated part of his patrimonium and gave it to the slave as his property. Concessio peculii had, in my opinion, two meanings. Firstly, it could mean physical separation and the grant of peculium to the slave. Secondly, it could mean an assent to have any property acquired and held peculii nomine. The most important sources are the defi nition of the peculium created by Tubero (1st century B.C.) and repeated by Celsus and Ulpianus (2nd and 3rd century A.D.) and opinions of Pomponius (2nd century A.D.) all cited in Justinian’s Digest (6th century A.D.).