Legal Definitions - solum provinciale

Definition: Solum provinciale (soh-luhm proh-vin-shee-ay-lee) is a term from Roman law that refers to provincial land ultimately held by the Emperor or state. Private holders have only a possessory title without the right to transfer the property by formal methods, as distinguished from solum italicum.

Example: In ancient Rome, some land was considered solum provinciale, meaning that the state ultimately owned it. Private individuals could hold and use the land, but they did not have full ownership rights and could not transfer the property through formal methods.

Explanation: This means that if someone owned solum provinciale land, they could not sell it or give it away through a legal process. Instead, they could only transfer it informally, such as by handing it over to someone else. This made it difficult for people to buy and sell land, and it also meant that the state had a lot of control over the use of the land.

Justinian later abolished the distinction between solum provinciale and solum italicum, allowing all land to be conveyed by traditio, which is a formal method of transfer. This made it easier for people to buy and sell land and gave them more control over their property.