The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page xxxv
... obligation , one a servitude , and so on : this made no difference , for all were alike things , res . One thing ( in the collo- quial sense ) only was excluded : the jus rerum could not be conver- sant about persons , for no person ...
... obligation , one a servitude , and so on : this made no difference , for all were alike things , res . One thing ( in the collo- quial sense ) only was excluded : the jus rerum could not be conver- sant about persons , for no person ...
Page 17
... obligation . The prætor , too , pro- tected and regulated possession as apart from ownership ; and his at- tention was bestowed on the ties of blood , the father being restrained from disinheriting his children , and cognati taking the ...
... obligation . The prætor , too , pro- tected and regulated possession as apart from ownership ; and his at- tention was bestowed on the ties of blood , the father being restrained from disinheriting his children , and cognati taking the ...
Page 43
... obligation , the notion of an obligation being that of a tie between two parties of such a nature as to confer on the one a power of compelling by action the other to give , do , or make good something . The obligation did not give any ...
... obligation , the notion of an obligation being that of a tie between two parties of such a nature as to confer on the one a power of compelling by action the other to give , do , or make good something . The obligation did not give any ...
Page 44
... obligation was conventio , pactum conventum . A contract was properly an obligation arising by mutual consent , and made in one of the forms recognized by the civil law ; but all obligations arising from mutual consent are spoken of as ...
... obligation was conventio , pactum conventum . A contract was properly an obligation arising by mutual consent , and made in one of the forms recognized by the civil law ; but all obligations arising from mutual consent are spoken of as ...
Page 45
... obligation to hold it for the purposes for which it had been delivered . There were four heads of contracts recognized by the civil law , and this . of contracts made re is the first noticed in the Insti- tntes , although historically ...
... obligation to hold it for the purposes for which it had been delivered . There were four heads of contracts recognized by the civil law , and this . of contracts made re is the first noticed in the Insti- tntes , although historically ...
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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.