The Institutes of Roman Law

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And, conversely, res mancipi can only be acquired by a solemn juristic act of the civil law, such as mancipatio or its equivalents (inf. § 49), and never by a mere formless juristic act of the jus gentium without any accom- panying solemnities. The res mancipi are the privileged things of early Roman law, the things which are regarded as constituting the staple of the farmers', and, at the same time, of the nation's property, whose alienation and acquisition therefore, being a matter of public ...interest, cannot be effected without publicity and the sanction of the community, the community being represented by the five witnesses or by the magistrate. And this same view of res mancipi being national property necessitates what was perhaps, for the oldest times, the most important fact of all, namely, the inability of aliens to acquire ownership in such things. Every alien (peregrinus), as such, is shut out from the use of the juristic acts of the specifically Roman civil law, including, therefore, mancipatio.

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