The Romans, at the beginning of their legal history, lacked the appropriate terminology to determine what the right of property was. For the Romans, property was not only a patrimonial right but a usufruct, mortgages, servitude, etc. On the other hand, if this concept is taken in a more rigorous way, the property comes to represent the total legal power over an asset. At that time there were several ways to acquire property, one of them was through usurecept.
Usureceptio is a Latin term that means “recovery by use”, and it is the right or authorization granted by ancient Roman law to someone who sold something fiduciary; or to the debtor of the state, whose assets have been sold, to be able to recover them after use for one or two years, and later by holding, even without having the title, the ownership of the alienated assets. The usureceptio offered the possibility of recovering the civil property of an asset from the debtor that was transferred to the creditor, because of a “cum creditore trust” (a kind of guarantee on the debt that the trustor must pay to the trustee), the civil domain. With this company, the ius ”(right) intends to modify the disproportionate effects of the trust.
For example, if a person sells an object pawned to another and the owner possesses it, the usurecept is granted, recovering the object after two years of use.
To avoid usurecept, in the exercise, the property was left in the hands of the debtor as the tenant, in this way it was prevented that the property could be recovered by usurecept.
