absortio

Absortio is a term used in the context of Roman law and canon law to describe the process by which a person's property or rights are absorbed into the state or the Church, respectively. The concept is rooted in the principle of nullum crimen sine lege, which means that no one can be punished without a law. In the event that a person's property or rights are not explicitly protected by law, they can be absorbed by the state or the Church, effectively nullifying any potential claims against them.

In Roman law, absortio was a mechanism to deal with the property of individuals who had been declared enemies of the state. Their property would be absorbed into the state's domain, and the state would be responsible for its management. This process was often used to deal with the property of slaves, freedmen, and other individuals who were not considered full citizens.

In canon law, absortio refers to the process by which the Church takes possession of property that is not explicitly protected by law. This can occur when a person's property is not explicitly protected by a will or other legal document, or when the property is not explicitly bequeathed to someone else. In such cases, the property is absorbed into the Church's domain, and the Church is responsible for its management.

Absortio is an important concept in both Roman and canon law, as it provides a mechanism for dealing with property and rights that are not explicitly protected by law. It is also a reflection of the broader principles of justice and fairness that underpin both legal systems.