The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 8
... ownership , and provided that the words spoken in the solemn forms of transfer , a nexum or man- cipium , should be held binding ; that he who denied them should pay double ; that ten years ' possession for immoveables , and one for ...
... ownership , and provided that the words spoken in the solemn forms of transfer , a nexum or man- cipium , should be held binding ; that he who denied them should pay double ; that ten years ' possession for immoveables , and one for ...
Page 13
... ownership termed dominium ex jure Quritium . But when justice and reason pronounced a stranger to be an owner , it was impossible for a prætor not to recognize an ownership . different from that which a citizen would claim ; and what ...
... ownership termed dominium ex jure Quritium . But when justice and reason pronounced a stranger to be an owner , it was impossible for a prætor not to recognize an ownership . different from that which a citizen would claim ; and what ...
Page 17
... ownership ; and his at- tention was bestowed on the ties of blood , the father being restrained from disinheriting his children , and cognati taking the place of gentiles in intestate succession . The Emperor . 16. The first emperors ...
... ownership ; and his at- tention was bestowed on the ties of blood , the father being restrained from disinheriting his children , and cognati taking the place of gentiles in intestate succession . The Emperor . 16. The first emperors ...
Page 28
... ownership ( see sec . 58 ) . In the course of time other shades between the cinis and the peregrinus were introduced , but all distinction between them was gradually swept away , by the in- creasing recklessness with which the rights of ...
... ownership ( see sec . 58 ) . In the course of time other shades between the cinis and the peregrinus were introduced , but all distinction between them was gradually swept away , by the in- creasing recklessness with which the rights of ...
Page 35
... ownership could not be acquired . † Justinian abolished this difference in the tenure of the soil . 59. In the older law there also prevailed a distinction , abolished by * DION . HALICARN . iv . 13 . + ULPIAN , xix . 1 ; CICERO Pro ...
... ownership could not be acquired . † Justinian abolished this difference in the tenure of the soil . 59. In the older law there also prevailed a distinction , abolished by * DION . HALICARN . iv . 13 . + ULPIAN , xix . 1 ; CICERO Pro ...
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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.