A few months ago I came down with a debilitating fever. My doctor Medicus, whom I now know for a thorough villain, told me I was suffering from nervous exhaustion caused by my owning too much property. He said it would assist my recovery if I made over to him a large portion of my property. I accordingly mancipated to Medicus four of my estates. Medicus proceeded to mancipate one estate to his wife and another to his elder son. The third estate he handed over to his younger son but without formal conveyance and the fourth he kept. Another doctor has now cured me of the fever. I want to know what I can do about recovering my estates.

It is important in this situation to look at the legal effects of Crassus mancipating four of his estates to Medicus. In the mancipation of res mancipi, ownership was transferred unconditionally (except that the transferor could reserve a servitude over the property) and immediately, and it could not be postponed to take effect at some future time. Provided that the mancipatio was correctly performed, the conveyance could not be impugned on grounds

The most difficult problem for Crassus is the estate which Medicus formally conveyed to his wife. If Medicus and his wife shared a free marriage then it is difficult to see how Crassus could recover that estate. The legal consequences of a free marriage are that the wife retains the property she owned before the marriage, and that she could keep any property that she acquired during the marriage. However, if Medicus and his wife had a manus marriage, then the circumstances are more favourable for Crassus. This is because the legal implications for the wife in a manus marriage are that she could not own her property, and anything she acquired during marriage passed to the husband. So in this case, the actio doli would affect this estate as well, as the legal owner would be Medicus. However, the passage does state that this occurred in AD 212, and free marriage became the norm from the late Republic onwards. Thus it is more realistic to assume that Medicus and his wife had a free marriage.

Although the enrichment of Medicus was unjust, this does not really strike at the heart of the problem. In order to find a suitable remedy, the essence of his act must be found. It seems from the information that this is a deceitful act, and thus it can be concluded that it was a fraudulent act from Medicus. A suitable remedy would be the actio doli, which was an action for simple damages, and had to be brought within a year of the offence. The gravity of

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Approximate Word count = 986
Approximate Pages = 4 (250 words per page double spaced)