BŎNA, property. The phrase _in bonis_ is frequently used as opposed
to _dominium_ or _Quiritarian ownership_ (_ex jure Quiritium_). The
ownership of certain kinds of things among the Romans could only be
transferred from one person to another with certain formalities, or
acquired by usucapion (that is, the uninterrupted possession of a
thing for a certain time). But if it was clearly the intention of
the owner to transfer the ownership, and the necessary forms only
were wanting, the purchaser had the thing _in bonis_, and he had
the enjoyment of it, though the original owner was still _legally_
the owner, and was said to have the thing _ex jure Quiritium_,
notwithstanding he had parted with the thing. The person who
possessed a thing _in bonis_ was protected in the enjoyment of it
by the praetor, and consequently after a time would obtain the
Quiritarian ownership of it by usucapion. [USUCAPIO.]
BŎNA CĂDŪCA. _Caducum_ literally signifies that which falls: thus
_glans caduca_ is the mast which falls from a tree. The strict legal
sense of _caducum_ and _bona caduca_ is as follows:--If a thing is
left by testament to a person, so that he can take it by the jus
civile, but from some cause has not taken it, that thing is called
_caducum_, as if it had _fallen_ from him. Or if a _heres ex parte_,
or a legatee, died before the opening of the will, the thing was
_caducum_. That which was caducum came, in the first place, to
those among the heredes who had children; and if the heredes had
no children, it came among those of the legatees who had children.
In case there was no prior claimant the caducum belonged to the
aerarium; and subsequently to the fiscus. [AERARIUM.]
BŎNA FĬDES implies, generally speaking, the absence of all fraud and
unfair dealing or acting. In various actions arising out of mutual
dealings, such as buying and selling, lending and hiring, partnership
and others, bona fides is equivalent to aequum and justum; and such
actions were sometimes called bonae fidei actiones. The formula of
the praetor, which was the authority of the judex, empowered him
in such cases to inquire and determine _ex bona fide_, that is,
according to the real merits of the case: sometimes aequius melius
was used instead of ex bona fide.
BŎNŌRUM CESSĬO. There were two kinds of bonorum cessio, _in jure_
and _extra jus_. The _in jure cessio_ was a mode of transferring
ownership by means of a fictitious suit. The _bonorum cessio extra
jus_ was introduced by a Julian law, passed either in the time of
Julius Caesar or Augustus, which allowed an insolvent debtor to give
up his property to his creditors. The debtor thus avoided the infamia
consequent on the bonorum emtio, which was involuntary, and he was
free from all personal execution. He was also allowed to retain a
small portion of his property for his support. The property thus
given up was sold, and the proceeds distributed among the creditors.
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