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propiedad Peregrina

English translation: Peregrine property

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:propiedad Peregrina
English translation:Peregrine property
Entered by: David Brown
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01:42 Oct 31, 2004
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: propiedad Peregrina
.
Carolina Mendez
Local time: 04:19
Peregrine property
Explanation:
I believe this name comes from a court case regarding intellectual property (copyright). Peregrine was the person /company involved...read this article...

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Note added at 5 hrs 12 mins (2004-10-31 06:54:39 GMT)
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to describe the encumbered property as broadly as ... to proposals to overrule the Peregrine decision through statutory modification of the copyright law. ...
www.copyright.gov/docs/regstat62499r.html - 34k
Selected response from:

David Brown
Spain
Local time: 10:19
Grading comment
thank you
1 KudoZ points were awarded for this answer



Summary of answers provided
3bonitarian ownership (in bonis)
Manuel Cedeño Berrueta
2[property of] Peregrine Systems
Muriel Vasconcellos
1Peregrine property
David Brown


Discussion entries: 3





  

Answers


5 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
Peregrine property


Explanation:
I believe this name comes from a court case regarding intellectual property (copyright). Peregrine was the person /company involved...read this article...

--------------------------------------------------
Note added at 5 hrs 12 mins (2004-10-31 06:54:39 GMT)
--------------------------------------------------

to describe the encumbered property as broadly as ... to proposals to overrule the Peregrine decision through statutory modification of the copyright law. ...
www.copyright.gov/docs/regstat62499r.html - 34k

David Brown
Spain
Local time: 10:19
Native speaker of: Native in EnglishEnglish
PRO pts in category: 114
Grading comment
thank you

Peer comments on this answer (and responses from the answerer)
neutral  Muriel Vasconcellos: Without context, it's hard to say, but Peregrine Systems have been the subject of a big scandal here in San Diego. For background, search on Peregrine+"San Diego" -- 23,000 hits!
18 hrs
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19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
bonitarian ownership (in bonis)


Explanation:
bonitarian ownership (in bonis)
I believe it refers to this type of property dealt with by Roman Law.
Saludos cordiales,
Manuel
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In course of time when Bonitarian ownership (in bonis) was fully established and co-existed with Quiritarian ownership, this new kind of ownership was attributed to the Bonorum Possessor, after he had acquired the Bonorum Possessio, and thus all that belonged to the deceased ex jure Quiritium became his in bonis and finally by Usucapion, ex jure Quiritum; though in the mean time he had most of the practical advantages of Quiritarian ownership. Ultimately the Bonorum Possessio came to be considered as a species of hereditas, and the like forms of procedure to those in the case of the real hereditas were applied to the case of the Bonorum Possessio; thus arose the possessoria hereditatis petitio, which is mentioned by Gaius, and cannot therefore be of later origin than the time of Marcus Aurelius. Thus the new form of procedure, which would have rendered the Interdict Quorum Bonorum unnecessary, if it had been introduced sooner, co-existed with the Interdict, and a person might avail himself of either mode of proceeding, as he found best (Gaius, iii.34). In the legislation of Justinian, we find both forms of procedure mentioned, though that of the Interdict has altogether fallen into disuse (Inst. 4 15).
http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/...

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USUCAPIO. The history of Usucapio is an important fact in the history of Roman Jurisprudence. Usucapio is the acquisition of Quiritarian ownership by continuous possession; consequently, it is not possible in the case of a Peregrinus nor is it applicable to provincial land.
Gaius (ii.40 42) states that there was originally in Rome only one kind of ownership: a person was either owner of a thing Ex jure Quiritium, or he was not owner at all. But afterwards ownership was divided, so that one man might be owner Ex jure Quiritium, and another might have the same thing In bonis, that is, have the right to the exclusive enjoyment of it. He then goes on to give an instance of the mode in which the divided ownership might arise by reference to the transfer of a Res Mancipi: if such a thing was transferred by bare tradition, and there was neither Mancipatio nor In jure cessio, the new owner only acquired the natural ownership, as some would call it, or only had it In bonis, and the original owner retained the Quiritarian ownership until the purchaser acquired the Quiritarian ownership by Usucapio (possidendo usucapiat); for when the Usucapio was completed, the effect was the same as if the thing had been originally mancipated or transferred by the In jure cessio. Gaius adds, "in the case of moveable things the Usucapio is completed in a year, but in the case of a fundus or aedes two years are required; and so it is provided by the Twelve Tables."
In this passage he is evidently speaking of Res Mancipi only, and of them only when transferred to the purchaser by the owner without the forms of Mancipatio or in Jure Cessio. From this then it might be safely concluded that the Twelve Tables provided a remedy for defective modes of conveyance of Res Mancipi from the owner; and this is all that could be concluded from this passage. But a passage which immediately follows shows that this was all that the Twelve Tables did; for Gaius (ii.43) proceeds to say, "But (Ceterum) there may be Usucapio even in the case of those things which have come to us by tradition from a person who was not the owner, whether they are Res Mancipi or not, provided we have received them bona fide, believing that he who delivered (qui tradiderit) them to us was the owner. And this rule of law seems to have been established, in order that the ownership of things might not be long in uncertainty, seeing that one or two years would be quite sufficient for the owner to look after his property, that being the time allowed to the Possessor for Usucapio."
In order to acquire by usucapio, a person must have the capacity of Roman ownership; consequently all persons were excluded from acquiring by Usucapio who had not the Commercium. The passage quoted by Cicero (de Offic. i.12) from the Twelve Tables, "adversum hostem (i.e. peregrinum) aeterna auctoritas," is alleged in support of this rule of law; that is, a Peregrinus may have the use of a Res Mancipi which has been transferred by traditio, but he can never acquire anything more by Usucapio.
http://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/...
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Manuel Cedeño Berrueta
Local time: 05:19
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 362
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23 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
[property of] Peregrine Systems


Explanation:
It's hard to tell without context, but Peregrine Systems in San Diego has been the subject of a huge scandal, indictment, etc. If you think this is a warm trail, look up Peregrine+"San Diego" for more details (23,000 hits).

Muriel Vasconcellos
United States
Local time: 01:19
Native speaker of: Native in EnglishEnglish
PRO pts in category: 157
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