The Institutes of Justinian: With English Introduction, Translation, and Notes

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J.W. Parker, 1859 - Roman law - 606 pages

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Page 80 - Ius autem civile vel gentium ita dividitur: omnes populi, qui legibus et moribus reguntur, partim suo proprio. partim communi omnium hominum iure utuntur...
Page 190 - Thesauros, quos quis in suo loco invenerit, divus Hadrianus naturalem aequitatem secutus ei concessit qui invenerit. idemque statuit, si quis in sacro aut in religioso loco fortuito casu invenerit. at si quis in alieno loco non data ad hoc opera, sed fortuitu invenerit, dimidium domino soli concessit. et convenienter, si quis in Caesaris loco invenerit, dimidium inventoris, dimidium Caesaris esse statuit.
Page 592 - 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 80 - Every community governed by laws and customs uses partly its own law, partly laws common to all mankind. The law which a people makes for its own government belongs exclusively to that state, and is called the civil law, as being the law of the particular state. But the law which natural reason appoints for all mankind obtains equally among all nations, and is called the law of nations, because all nations make use of it. The people of Rome, then, are governed partly by their own laws, and partly...
Page 173 - ... 13. It has been asked, whether, if you have wounded a wild beast, so that it could be easily taken, it immediately becomes your property. Some have thought that it does become yours directly you wound it, and that it continues to be yours while you continue to pursue it, but that if you cease to pursue it, it then ceases to be yours, and again becomes the property of the first person who captures it. Others have thought that it does not become your property until you have captured it. We confirm...
Page 506 - ... hoc tamen capite non quanti in eo anno, sed quanti in diebus triginta proximis res fuerit, obligatur is qui damnum dederit. 15 Ac ne plurimi quidem verbum adicitur. sed Sabino recte placuit perinde habendam aestimationem, ac si etiam hac parte plurimi verbum adiectum fuisset: nam plebem Romanam, quae Aquilio tribuno rogante hanc legem tulit, contentam fuisse, quod prima parte eo verbo usa est.
Page 174 - Pea- 15' fowl too and pigeons are naturally wild, and it is no valid objection that they are used to return to the same spots from which they fly away, for bees do this ; and it is admitted that bees are wild by nature ; and some people have deer so tame that they will go into the woods and yet habitually come back again, and still no one denies that they are naturally wild. With regard, however, to animals which have this habit of going away and coming back again, the rule has been established that...
Page 23 - be following year, Tribonian, who had been one of the commission appointed to draw up the code, and who had recommended himself to the emperor by the energy and ability he had shown, was instructed, in conjunction with a body of coadjutors whom he selected to the number of sixteen, to make a selection from the writings of the elder jurists, which should comprehend all that was most valuable in them, and should form a compeudions exposition of the law.
Page 172 - Whatever of this kind you take is regarded as your property, so long as it remains in your power, but when it has escaped and recovered its natural liberty, it ceases to be yours, and again becomes the property of him who captures it. It is considered to have recovered its natural liberty, if it has either escaped out of your sight, or if, although not out of sight, it yet could not be pursued without great difficulty. 13. It has been asked, whether, if you have wounded a wild beast, so that it could...
Page 477 - ... in earn rem necessarias impensas fecerit : non intellegitur proprie ex contractu obligatus esse, quippe nihil inter se contraxerunt : sed quia non ex maleficio tenetur, quasi ex contractu teneri videtur.

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