The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 49
... interdicts ; addico , I give ownership as a judge ; and ( 2 ) Imperium , the power of using the public forces to ensure obedience to his orders . As judex , any member of the senatorial body , so long as senators alone were qualified to ...
... interdicts ; addico , I give ownership as a judge ; and ( 2 ) Imperium , the power of using the public forces to ensure obedience to his orders . As judex , any member of the senatorial body , so long as senators alone were qualified to ...
Page 58
... interdicts of Interdicts . the prætor , though they were only incidentally con- nected with actions . An interdict was an order issued by the prætor , and was in fact an interdict addressed to some person or persons with reference to a ...
... interdicts of Interdicts . the prætor , though they were only incidentally con- nected with actions . An interdict was an order issued by the prætor , and was in fact an interdict addressed to some person or persons with reference to a ...
Page 59
... interdict ought to be complied with . For instance , an interdict ordering a thing to be restored might have been issued ; but the person to whom it was directed might deny that by law he was bound to restore the thing . On his stating ...
... interdict ought to be complied with . For instance , an interdict ordering a thing to be restored might have been issued ; but the person to whom it was directed might deny that by law he was bound to restore the thing . On his stating ...
Page 140
... interdicted , the furiosus was not , and what he did was valid if he was not mad at the particular time when he did it . The form of the interdiction of the prodigus is given by Paul : Quando tibi bona paterna avitaque nequitia tua ...
... interdicted , the furiosus was not , and what he did was valid if he was not mad at the particular time when he did it . The form of the interdiction of the prodigus is given by Paul : Quando tibi bona paterna avitaque nequitia tua ...
Page 159
... interdict of the prætor . ( See Introd . sec . 107. ) 5. Litorum quoque usus publicus juris gentium est , sicut ipsius maris ; et ob id quibuslibet liberum est casam ibi ponere in quam se recipiant , sicut retia siccare et ex mari ...
... interdict of the prætor . ( See Introd . sec . 107. ) 5. Litorum quoque usus publicus juris gentium est , sicut ipsius maris ; et ob id quibuslibet liberum est casam ibi ponere in quam se recipiant , sicut retia siccare et ex mari ...
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Common terms and phrases
acquired actio action adopted agnati appointed autem belonging bona fide bonorum capitis deminutio causa civil law claim cognati condictio constitution contract creditor curator death debtor deceased defendant delicts dominus edict ejus emancipated emperor enim etiam factum father fidei fideicommissa fideicommissum fidejussor fuerit furti Gaius give given heredes ideo inheritance inter interdict intestato Introd jure juris jurists Justinian legacy legatee lex Aquilia lex Julia liberty licet magistrate manumission master mode modo neque obligation owner Papinian parties paterfamilias patron peculium person plaintiff possessio possession possessor potest prætor prætorian pupil quæ quam quia quibus quidem quis quod quoque rerum Roman law senatus-consultum servitude sive slave stipulatio stipulation sui juris sunt suus heres tamen termed testament testator theft thing tion Titius tutor Twelve Tables Ulpian usucapion usufruct veluti verbis vero
Popular passages
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.
Page 370 - Tit. 6. 12.) This degree is only given as an instance of how far the succession might go. But the sixth degree was the limit, with the exception given in the text, of the succession of cognati.