The Institutes of Justinian: With English Introduction, Translation, and Notes |
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Page 24
... received the force of law . This is the code we now have ; the former code , that The second Code . * WARNKENIG , Hist . du droit romain , p . 182 . of A.D. 529 , having been carefully suppressed , and 24 INTRODUCTION .
... received the force of law . This is the code we now have ; the former code , that The second Code . * WARNKENIG , Hist . du droit romain , p . 182 . of A.D. 529 , having been carefully suppressed , and 24 INTRODUCTION .
Page 29
... former of whom had a public and sacred law peculiar to themselves , while they shared with the latter the system of private law . Beyond the State all were hostes and barbari . But as civilization progressed , the number of foreigners ...
... former of whom had a public and sacred law peculiar to themselves , while they shared with the latter the system of private law . Beyond the State all were hostes and barbari . But as civilization progressed , the number of foreigners ...
Page 45
... former was an alienation of all rights except that of the bare ownership for a long term , in consideration of the proprietor receiving a yearly rent ( pensio ) ; the latter was the alienation by the owner of the surface of the soil of ...
... former was an alienation of all rights except that of the bare ownership for a long term , in consideration of the proprietor receiving a yearly rent ( pensio ) ; the latter was the alienation by the owner of the surface of the soil of ...
Page 62
... former gave the latter that constituted the important feature of the new system of procedure . At home the prætors , of whom there were eighteen in the days of Pomponius * , and one or two other magistrates ; and in the provinces the ...
... former gave the latter that constituted the important feature of the new system of procedure . At home the prætors , of whom there were eighteen in the days of Pomponius * , and one or two other magistrates ; and in the provinces the ...
Page 67
... former , the judge had to decide whether the claim of the plaintiff was legally just ; in the latter , whether a particular fact was true . If it were true , then the magistrate directed the judge to pronounce a particular sentence ...
... former , the judge had to decide whether the claim of the plaintiff was legally just ; in the latter , whether a particular fact was true . If it were true , then the magistrate directed the judge to pronounce a particular sentence ...
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Common terms and phrases
acquired action adopted agnati autem belonging bona bonorum causa civil law claim cognati condictio constitution contract creditor cujus curator debtor deceased dominus ejus emancipated emperor enim eorum etiam factum father fide fideicommis fideicommissa fideicommissum fidejussor fuerit furti Gaius give given hæc heredem heredes hereditatem ideo inheritance instance inter interdict intestato Introd jure juris Justinian legacy legatee legatum lege lex Aquilia lex Julia liberty licet magistrate manumission marriage master mode modo neque nihil obligation Octavo owner paragr parties paterfamilias peculium person plaintiff possession possessor potest prætor prætorian pupil quæ quam quia quibus quidem quis quod quoque Roman law senatus-consultum servitude servus sibi sive slave solum stipulatio stipulation sui juris sunt suus heres tamen termed testament testator thing tion Titius tutor Twelve Tables Ulpian usufruct veluti vero
Popular passages
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.