The Institutes of Justinian |
From inside the book
Page 99
... hath well provided by his constitution, that all those, who by sale, donation, or
any other title, have received things from the public treasury, may instantly be
secured in their possession, and made certain of success, whether they be
plaintiffs ...
... hath well provided by his constitution, that all those, who by sale, donation, or
any other title, have received things from the public treasury, may instantly be
secured in their possession, and made certain of success, whether they be
plaintiffs ...
Page 156
... he bequeathed belonged to another, and not, if he were ignorant of it ; since, if
he had known, he probably would not have left such a legacy : and to this
purpose is the rescript of the emperor Antoninus. And it is incumbent upon the
plaintiff ...
... he bequeathed belonged to another, and not, if he were ignorant of it ; since, if
he had known, he probably would not have left such a legacy : and to this
purpose is the rescript of the emperor Antoninus. And it is incumbent upon the
plaintiff ...
Page 327
... quam Titius suam esse affirmet possessor autem, dominum ejus se esse, dicat;
nam. si Titius suam esse intendat, in rem actio est. may be divided into real and
personal ; for the plaintiff must sue the defendant, either because the defendant ...
... quam Titius suam esse affirmet possessor autem, dominum ejus se esse, dicat;
nam. si Titius suam esse intendat, in rem actio est. may be divided into real and
personal ; for the plaintiff must sue the defendant, either because the defendant ...
Page 328
These actions are also real, but are negative in their nature, and cannot therefore
be used in controversies respecting things corporeal, where the agent, or plaintiff,
is the person out of possession : for a possessor can bring no action : there ...
These actions are also real, but are negative in their nature, and cannot therefore
be used in controversies respecting things corporeal, where the agent, or plaintiff,
is the person out of possession : for a possessor can bring no action : there ...
Page 331
... the action wherein the question is, whether the plaintiff hath made oath of his
debt ; and many others. $ IX. De constituta autem pecunia cum omnibus agitur,
quicunque vel pro se, vel pro alio, soluturos se constituerint, nulla scilicet stipula-
...
... the action wherein the question is, whether the plaintiff hath made oath of his
debt ; and many others. $ IX. De constituta autem pecunia cum omnibus agitur,
quicunque vel pro se, vel pro alio, soluturos se constituerint, nulla scilicet stipula-
...
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Common terms and phrases
Alabama England Harris Hence Justinian Lord Pennsylvania Term Rep Titius according account action adopted afterwards agnates allowed appointed authority become blood bound brothers and sisters brought called case cases causa child children civil law common condition consent constitution contract court creditors damages daughter death debtor deceased degree emancipated emperor entitled estate father first free general give given good goods grandson great guardian haeres hath heir heirs husband inheritance judge jure juris laws legacies legacy legal legatee made make marriage master means money mother natural necessary neque obligation otherwise owner paid parent parties payment person place plaintiff possession power praetor promise proper property public quis reason right rule same sine sive slave subject succeed succession take taken testa testament testator theft thing third three time tion title trust tutelage tutor unless usufruct value veluti whole wife words year years
Popular passages
Page 639 - No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 495 - ... at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.
Page 463 - By the seventeenth section, it is enacted that " no contract for the sale of any goods, wares, and merchandises, for the price of £10 sterling, or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 432 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Page 7 - Jure utuntur: nam quod quisque populus ipse sibi Jus constituit, id ipsius proprium civitatis est vocaturque jus civile, quasi Jus proprium ipsius civitatis: quod vero naturalis ratio Inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque jus gentium, quasi quo jure omnes gentes utuntur.
Page 252 - Et stipulandi et promittendi duo pluresve rei fieri possunt. stipulandi ita, si post omnium interrogationem promissor respondeat ' spondeo.' ut puta cum duobus separatim stipulantibus ita promissor respondeat ' utrique vestrum dare spondeo ' : nam si prius Titio spoponderit, deinde alio interrogante spondeat, alia atque alia erit obligatio nee creduntur duo rei stipulandi esse. duo pluresve rei promittendi ita fiunt : ' Maevi, quinque aureos dare spondes ? Sei, eosdem quinque aureos dare spondes?'...
Page 495 - Directions for the Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will...
Page 285 - Sua et aliena, veluti si de communibus suis et Titii negotiis gerendis tibi mandet, vel ut sibi et Titio fundum emeres, vel ut pro eo et Titio sponderes.
Page 11 - Omne autem ius quo utimur vel ad personas pertinet, vel ad res, vel ad actiones.
Page 75 - Universum derelicto alia parte fluere coeperit, prior quidem alveus eorum est, qui prope ripam eius praedia possident, pro modo scilicet latitudinis cuiusque...
Bibliographic information
| Title | The Institutes of Justinian Issues 74140-74147 of 19th-century legal treatises |
| Author | A ". member of the New York Bar" |
| Editor | Thomas Cooper |
| Translated by | George Harris |
| Edition | 3 |
| Publisher | J. S. Voorhies, 1852 |
| Original from | Harvard University |
| Digitized | 20 Aug 2007 |
| Length | 710 pages |
| Export Citation | BiBTeX EndNote RefMan |