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 xiii
... Parties to Obligations §3 . - Extinction of Obligations 169 170 171 172 173 174 175 177 ( 1 ) Officially Authorized Representatives ( 2 ) Privately Authorized Representatives 180 182 183 ( 1 ) Fulfilment ( solutio ) 184 ( 2 ) Release ...
... Parties to Obligations §3 . - Extinction of Obligations 169 170 171 172 173 174 175 177 ( 1 ) Officially Authorized Representatives ( 2 ) Privately Authorized Representatives 180 182 183 ( 1 ) Fulfilment ( solutio ) 184 ( 2 ) Release ...
Page 41
... parties , the loser forfeiting his deposit to the State , was particularly described in the XII . Tables , and had , no doubt , at the time of their publication , long been the ordinary mode of investigating disputed rights . The re ...
... parties , the loser forfeiting his deposit to the State , was particularly described in the XII . Tables , and had , no doubt , at the time of their publication , long been the ordinary mode of investigating disputed rights . The re ...
Page 43
... parties . Of course he would sharply limit the field of the investiga- tion ; but it is important to notice that , so far as he enlarged or restricted the field of the judge's inquiry , so far it was the magistrate's discretion which ...
... parties . Of course he would sharply limit the field of the investiga- tion ; but it is important to notice that , so far as he enlarged or restricted the field of the judge's inquiry , so far it was the magistrate's discretion which ...
Page 44
... parties were clearly defined on the face of the document . The magistrate had to ascertain whether any kind of right seemed to be involved or not , and , if so , what kind , and to have the corresponding clause inserted in the part of ...
... parties were clearly defined on the face of the document . The magistrate had to ascertain whether any kind of right seemed to be involved or not , and , if so , what kind , and to have the corresponding clause inserted in the part of ...
Page 45
... parties or in which citizens and foreigners were together parties . In the absence of the Consuls from Rome , the Prætor had also cast upon him the ordinary duties of civil administration . In B.C. 264 another Prætor was appointed for ...
... parties or in which citizens and foreigners were together parties . In the absence of the Consuls from Rome , the Prætor had also cast upon him the ordinary duties of civil administration . In B.C. 264 another Prætor was appointed for ...
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Common terms and phrases
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