Pragmatism and the Exceptional. Rethinking Usucapio in classical Roman Law

Usucapio in classical Roman law demonstrates an extraordinary ability to balance legal rigidity with societal needs.  In my presentation, I explore the exceptional titles of usucapio, which diverged from standard rules to address unique challenges of ownership and property relationships in a dynamic society.
Roman jurists designed these exceptional mechanisms to resolve practical issues where strict adherence to legal norms would hinder social and economic stability. They allowed ownership to transfer under unusual circumstances—sometimes even in the absence of good faith or legitimate title. These adaptations served crucial functions, such as ensuring the swift resolution of inheritance disputes, protecting debtors from exploitation in fiduciary agreements, and enabling individuals to reclaim property lost through state transactions.
These exceptional usucapion titles reveal the pragmatic genius of Roman law. By prioritizing stability and clarity in property relations, the law embraced flexibility without sacrificing its core principles. This adaptability not only safeguarded economic and social order but also highlighted the jurists' capacity to reconcile the competing interests of individuals, creditors, and the state.
The Roman experience invites reflection on how contemporary legal systems might draw inspiration from this interplay of pragmatism and formality to address modern challenges of justice, ownership, and fairness.

Speaker Dr Beata J. Kowalczyk

 

Image: AI Generated from Freepik

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