The History and Principles of the Civil Law of Rome: An Aid to the Study of Scientific and Comparative Jurisprudence |
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Page xii
... Nullity of Acts 138 Interpretation of Acts 140 Modifications of Acts 141 ( a ) Conditions 141 ( b ) Charges or Restrictions 142 ( c ) Time 143 § 4. - Rights 145 $ 5. - Remedies 146 CHAPTER II . OWNERSHIP . § 1. - Rights of xii CONTENTS .
... Nullity of Acts 138 Interpretation of Acts 140 Modifications of Acts 141 ( a ) Conditions 141 ( b ) Charges or Restrictions 142 ( c ) Time 143 § 4. - Rights 145 $ 5. - Remedies 146 CHAPTER II . OWNERSHIP . § 1. - Rights of xii CONTENTS .
Page xiii
... OWNERSHIP . § 1. - Rights of Ownership Generally § 2. Restricted Rights of Ownership ( 1 ) Servitudes ( 2 ) Usufruct ( 3 ) Use and Habitation ( 4 ) Labour of Slaves PAGE 147 148 149 151 151 151 ( 5 ) Emphyteusis and Superficies 152 ( 6 ) ...
... OWNERSHIP . § 1. - Rights of Ownership Generally § 2. Restricted Rights of Ownership ( 1 ) Servitudes ( 2 ) Usufruct ( 3 ) Use and Habitation ( 4 ) Labour of Slaves PAGE 147 148 149 151 151 151 ( 5 ) Emphyteusis and Superficies 152 ( 6 ) ...
Page 56
... good by the civil law ; in other classes he absolutely transferred the possession of property from one person to another , and laid the ground for the ripening of the new possession into ownership . 56 HISTORY OF THE CIVIL LAW .
... good by the civil law ; in other classes he absolutely transferred the possession of property from one person to another , and laid the ground for the ripening of the new possession into ownership . 56 HISTORY OF THE CIVIL LAW .
Page 57
... ownership . In this way he overrode the most inveterate doctrines of the older civil law . It is thus seen how correct was the description of the " prætorian law " as given by L. 7 , D. ( i . 1 ) Papinian , " which " ( said he ) , " the ...
... ownership . In this way he overrode the most inveterate doctrines of the older civil law . It is thus seen how correct was the description of the " prætorian law " as given by L. 7 , D. ( i . 1 ) Papinian , " which " ( said he ) , " the ...
Page 130
... ownership of this L. 5 , D. ( xlv . kind was , in the eye of the law ( juris intellectu ) , 3 ) . L. 66 , § 2 , opposed to ownership of a part resulting from D. ( xxxi ) . L. 5 , §15 , D. ( xiii . 6 ) . corporeal division ( divisione ...
... ownership of this L. 5 , D. ( xlv . kind was , in the eye of the law ( juris intellectu ) , 3 ) . L. 66 , § 2 , opposed to ownership of a part resulting from D. ( xxxi ) . L. 5 , §15 , D. ( xiii . 6 ) . corporeal division ( divisione ...
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according assembly authority belong called Canon law century Christians civil law claims comitia comitia tributa condition consequences Constantinople constitutions contract court creditor debt debtor decrees Digest Diocletian distinction distributed domicile dower emperor emphyteusis empire enacted fact father favour formal Gaius grounds guardian guardianship heir imperial inheritance injuries Institutes interest intestacy judge judicial Julius Cæsar juridical juris jurists justice Justinian's kind legislation liable magistrate Manichæans manumission marriage matter ment modes nature Novells obligations original Ostrogoths owner Papinian parties partnership peculium period person pledge possession practice Prætor Prætor's Edict prescription principles provinces purposes recognized reference remedies respect rights and duties rights of action rights of ownership Roman law Rome rules Senate senatus consultum servitude slave sort testator Theodosian code Theodosius Theodosius II things tion treatise Ulpian usufruct Valentinian III whole
Popular passages
Page 4 - and Paul, at the end of the second and the beginning of the third century, throw a clear light on the law of their day. The Gregorian
Page 263 - Ye may divorce your wives twice, and then either retain them with humanity, or dismiss them with kindness. . . . But if the husband divorce her a third time, she shall not be lawful for him again, until she marry another husband. But if he also divorce her, it shall be no crime in them if they return to each other.
Page 265 - And if a man's or woman's substance be inherited by a distant relation, and he or she have a brother or sister, each of them two shall have a sixth part of the estate; but if there be more than this number, they shall be equal sharers in a third part.
Page 283 - senate, all of them showing the same desire to make the pontifical a copy of the imperial office. The Pope is to inhabit the Lateran Palace, to wear the diadem, the collar, the purple cloak, to carry the sceptre, and to be attended by a body of chamberlains.
Page 264 - If ye fear that ye shall not act with equity towards orphans of the female sex, take in marriage of such other women as please you, two or three or four, and not more. . . . And
Page 305 - A king of England cannot, at his pleasure, make any alterations in the laws of the land, for the nature of his government is not only regal but political.
Page 264 - They who devour usury shall not arise from the dead, but as he ariseth whom Satan hath infected by a touch ; this shall happen to them because they say, Truly selling is but as usury: and yet God hath permitted selling and forbidden usury.
Page 284 - The notion which prevails throughout, that the chief of the religious society must be in every point conformed to his prototype, the chief of the civil, is the key to all the thoughts and acts of the Roman clergy; not less plainly seen in the details of
Page 305 - neither make any alteration or change in the laws of the realm, without the consent of the subjects, nor burden them against their wills with strange impositions.
Page 264 - But if it be a present bargain which ye transact between yourselves, it shall be no crime in you if ye write it not down. And take witnesses when ye sell one to another, and let no harm be done to the