... ius gentium mode of acquisition, the delivery had to be made with the appropriate intent, i.e. iusta causa. If Aulus were just to deliver res mancipi, this would not constitute the transfer of res mancipi. As the Digest recounted: - 'Bare delivery of itself never transfers ownership.' Aulus's property could only be transferred by two formal methods - mancipatio and cessio. Mancipatio was the primary mode of transferring res mancipi in the ius civile and was regarded as such even before the inception of the Twelve Tables. Both mancipiato and cessio necessitated the transfer of res mancipi in the presence of witnesses. It is evident that Aulus made a legitimate sale of res mancipi - it would be his duty as dominus to complete the transaction lawfully and his rights to the res mancipi would be transferred to Balbus. Upon legitimate recipt of the res mancipi, Balbus would have bonitary ownership of the ...

See this essay or coursework document in full right now