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The Institutes of Justinian: With English Introduction, Translation, and Notes
Thomas Collett Sandars
No preview available - 2015
The Institutes of Justinian: With English Introduction, Translation, and ...
Thomas Collett Sandars
No preview available - 2014
according acquired action agnati allowed amount appointed become being bound bring brought called case cases child children civil law claim considered constitution contract creditor death debtor deceased defendant division emancipated family father first fixed former free gave give given goods grandson heir heirs heredes heres if he inheritance instance instituted interdict judge jure juris Justinian legacies legacy legal legatee made magistrate make making marriage master might money mother natural necessary note obligation only order owner ownership Papia particular parties passed payment peculium person place plaintiff position possession power praetor property pupil real received right Roman law same security servitude share sine slave stipulation subject succession sui juris system take taken termed testament testator theft their Theodosius there they thing third three time tion Title took tutor Twelve Tables under unless used usufruct valid value were whole words would years
Page 585 - And it is the general intention of the law that, in giving damages for breach of contract, the party complaining should, so far as it can be done by money, be placed in the same position as he would have been in if the contract had been performed.
Page 474 - The jurists, however, found a means of making the acceptUatio extend to every kind of contract. It was looked on as a stipulation which operated as a novation of the old contract, that is, which did away with the former contract, and substituted a new one in its place. 2. Est prodita stipulatio quse vulgo Aquiliana appellatur, per quam stipulationem contingit ut omnium rerum obligatio in stipulatum deducatur, et ea per acceptilationem tollatur...
Page 70 - ... quod quisque populus ipse sibi ius constituit, id ipsius proprium civitatis est vocaturque ius civile, quasi ius proprium ipsius civitatis : quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Page 590 - ... sewn up in a sack with a dog, a cock, a viper, and an ape, and in this dismal prison is thrown into the sea...
Page 159 - ... to dry his nets there, and haul them from the sea ; for the shores may be said to be the property of no man, but are subject to the same law as the sea itself, and the sand or ground beneath it.
Page 347 - ... (D. xxxvii. 4. 1. 9.) 10. At hi, qui emancipati a parente in adoptionem se dederunt, non admittuntur ad bona naturalis patris quasi liberi, si modo cum is moreretur, in adoptiva familia sint. Nam vivo eo emancipati ab...
Page 349 - GAI. iii. 31 ; 13. It is, however, to be observed that children still remaining in an adoptive family, or who have been emancipated by their adoptive father, after the decease of their natural father, who dies intestate, although not admitted by the part of the edict calling children to the possession of goods, are admitted by another part, by which the cognati of the deceased are called.
Page 433 - The adstipulator either received the same promise as his principal did, and could, therefore, have the same actions, and equally receive or exact payment ; or he only stipulated for a part of that for which the principal stipulated, and then his rights were co-extensive with the amount of his own stipulation.
Page 336 - ... hoc solum observandum est, ne plus quisquam rogetur alicui restituere, quam ipse ex testamento ceperit : nam quod amplius est, inutiliter relinquitur. cum autem aliena res per fideicommissum relinquitur, necesse est ei qui rogatus est aut ipsam redimere et praestare aut aestimationem eius solvere.