Ius - A

Name	Literal Translation	Provenience, Jurisdiction	Description
ius abstinendi with potestas abstinendi supplemented by the beneficium abstinendi	Right of refusal with the power of refusal supplemented by the privilege of refusal	Roman Republic on its claim based on the Twelve Tables, supplemented by the Praetorian Edict, Roman Empire	In keeping with the high value placed by the Romans on family, they developed a complex system of transmitting family rights and property. That any family should disappear through lack of heirs was abhorrent. An inheritance (haereditas) began with the rights (iura) and goods (bona) possessed by a citizen, regardless of whether there were any heirs to tenant it in the future. For the time being the citizen tenanted it. His civic duty was to find heirs (haeres). The preferred way to do this was to have children and designate them as heirs in a will (testamentum). These were voluntarii (or extranei or sui) because they had the ius abstinendi, carrying the power (potestas) of refusal. They might do that if the estate were hopelessly encumbered by debt. If the owner of the property died intestate, the law designated heirs, preferably other relatives, who were called necessarii, because they had no right of refusal. A haereditas was not automatically conferred on its heres as it is today. On the death of the testator the estate entered a pending period (delatio) during which the heirs must apply and either prove that they were qualified to be heirs or be disqualified. Voluntarii would state their intentions to accept or refuse at this time. If no qualified heirs were found, the haereditas reverted to the state, ending the family line, not considered a desirable outcome. The Praetorian Edict assigned the problem of finding heirs to the praetor, a Roman magistrate, who could appoint a manager (possessor bonorum). Before he did, the will of a pending inheritance was considered to continue the testator. A possessor assumed title as though the will were his own. He was a necessarius, but the praetor could grant him on application the beneficium abstinendi, the privilege of refusing. After the heirs were approved the estate entered the adquisitio phase. The testamentum was now of no effect. Roman wills never extended the testator. He and any possessor were vacated at this time. Joint heirs had to be all voluntarii or all necessarii; mixed inheritance was not allowed. If no heirs had been found, the possessor kept the estate, as he had already vacated the testator.
ius abutendi	right to consume	Roman Catholic Church, 14th century on	Devised by Cardinal Bertrand de la Tour in support of Pope John XXII's stance in his bull, Ad Conditorem Canonum, issued 8 December 1322. The ius, also known as ius consumendi, builds on the Roman ius utendi, asserting that not only does a possessor have the right to use his property as he sees fit, but also to consume it. This ius establishes that Christ and the apostles "had the right to use, use up, sell, donate or acquire" property.
ius accrescendi	right of increase, accrual, accrescence or accretion	Roman Republic, Roman Empire	In ancient Rome the right of accrual belonged to the joint heirs (haeres), male or female, of an expected inheritance (haereditas), whether to be transmitted by will (testamentum) or by law in the case of intestate inheritance. If any of the heirs should die or become ineligible to inherit for any reason before the death of the testator, the share of the other heirs increased by a percentage of the vacated share. This rule took precedence over any testament left by the deceased heir. Alternatives could be designated under some circumstances. There were exceptions and conditions, which required ajudication. Vacated shares for which heirs could not be found were forfeited to the government. In 9 AD the lex Pappia et Poppaea modified the Lex Julia of 18 BC (early empire), being called informally on that account the Lex Julia et Pappia Poppaea. It excluded a caelebs, an unmarried person, male or female from inheriting unless he or she married within 100 days of the death of the testator. Also excluded were orbi, or childless couples between 25 and 60 years of age for the male and 20 and 50 for the female. The intent of the law was to discourage childlessness. The emperor Justinian removed these conditions, restoring the republican form in favor of Christians who had decided to live celibate. The ius is sometimes called the right of survivorship, the modern term for the disposition of joint property to the survivors, dating from the Middle Ages. Accrescendi, however, does not mean survivorship; moreover, the Roman use only covered the survival of joint heirs. Although general survivorship rules undoubtedly did develop from the ius accrescendi, they are not the same as the Roman.
ius ad rem, ius in personam, ius personale	right to a thing, right against a person	First known in the Brachylogus, a 12th century work purporting to give ancient Roman iura but in fact containing the iura of mediaeval kingdoms and other institutions, whose official language was Latin. There is no trace of it in antiquity. The source is believed to have been canon law. Subsequently it became a staple of civil law in the many nations descending from the Roman Empire.	The right to undertake an action against a person to compel performance of an obligated service or delivery of an owed thing. The Romans would have accomplished the same result with other iura, typically under criminal law, as in a punitive action brought against a magistrate for non-performance of obligations.
ius Aelianum	the jurisprudence of Aelius	Not a ius, body of iura, or any type of law or any other public enactment, this phrase is the title of a missing and otherwise unknown book written under the Roman Republic.	Nothing more is known of the book than that Sextus Aelius Paetus Catus, consul in 198 BC, wrote it in three parts: the laws of the Twelve Tables, an interpretation, and some cases (actiones), on which account the book was also called the Tripertita. Which if either name was original remains unknown. Whether the cases concerned the tables or were new in form or content, or just what the significance of the book in Roman jurisprudence was, are purely speculation, as no other evidence exists.
ius aesneciae	principle of the first born	Primogeniture was unknown to the Romans of the classical and imperial periods. It was not a right, law or legal principle associated with Rome in any way. It was a principle applied to the inheritance of some fiefs among Germanic tribes in the Middle Ages and assigned the legal Latin term ius in modern times.	Late Latin aesnecia or aesnetia, anglicised to aesnecy or esnecy was the condition of being the eldest born of either sex, from Old French aisne < ainznez, the condition of being ainz, first (born), as opposed to secunz. Although Bede remarked that the Saxons before the conquest of Britain recognized the eldest son as the head of the family and gave him preference in inheritance, primogeniture was not made a principle of legislation until the Holy Roman Empire, when it was necessary to classify estates as divisible and non-divisible. The latter were maintained intact in order to support the army. They must therefore be inherited by one person (the knight), the elder by custom.
ius albanagii or ius albinatus	right of alien inheritance	Although this right originated in the Holy Roman Empire and existed in other reflex states, such as Bremen, it was used primarily in early France, where it became the droit d'aubaigne, droit d'aubaine or droit d'aubenage.	Late Latin albinatus, "alien" and albanagium, "state of being an alien," derived from the word for alien, a person from outside the kingdom residing within it (such as a merchant). In the Frankish Period they were known as Albani, Albini, Alibini, Albanici and Aubani.

Ius albanagii. The right of confiscation of property of an alien, cf. droit d'aubaine (ius Albinatus).
Ius Albinatus. In old French law. The droit d'aubaine in France, whereby the king, at an alien's death, was entitled to all his property, unless he had peculiar exemption. Repealed by French laws in June, 1791. cf:

Albanagium -- In old French law, the state of alienage, of being a foreigner or alien.
Albanus -- In old French law, a stranger, alien, or foreigner.
Albinatus -- In old French law, the state or condition of an alien or foreigner.

Ius angariae. The right of angary, i.e., in international law, the right of a belligerent to seize neutral ships in its territory and use them for transportation, should the need arise. Also, the right of a belligerent to seize, use, or destroy property of neutral states located temporarily in its territory or that of the enemy.
Ius anglorum. The laws and customs of the West Saxons, in the time of the Heptarchy, by which the people were for a long time governed, and that were preferred before all others.
Ius aquaeductus. In civil law, the name of a servitude that gives landowners the right to bring water through or from the land of another.