A Systematic and Historical Exposition of Roman Law in the Order of a Code"Embodying the Institutes of Gaius and the Institutes of Justinian, tr. into English by J. Ashton Cross."--T.p. |
Contents
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Common terms and phrases
acquired actio action adopted agreed agreement alien allowed aurei belonging bona fide possessor borrower bound brought buyer cessio claim commodatum consent contract creditor damage debt debtor delivery DIVESTITIVE edict Emperor emphyteusis equitable eviction factum farm father Frag fraud Gaius gift give given heir husband hypothec Illustrations inheritance injuria interdict investitive fact jure juris jurists Jus Gentium Justinian land lex Aquilia liable loan Maevius mancipatio mandate manumission manumitted manus marriage master moveables nexum obligatio obligation owner ownership paid parties partnership paterfamilias Paul peculium penalty person possession potestas Praetor promise recover regard remedy res mancipi rights in personam rights in rem Roman citizen Roman Law rule Seius sell seller Sempronius Senatus Consultum servitude slave sold statute Stichus stipulatio stipulation stolen sui juris surety theft thief thing tion Titius transvestitive fact Ulpian unless usucapio usufruct usufructuary wife XII Tables
Popular passages
Page 282 - B, fails to pay it. B promises to grant time to C accordingly. Here the promise of each party is the consideration for the promise of the other party, and they are lawful considerations.
Page 276 - When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal...
Page v - The ends of scientific classification are best answered, when the objects are formed into groups respecting which a greater number of general propositions can be made, and those propositions more important, than could be made respecting any other groups into which the same things could be distributed.
Page 621 - For an incomplete will is undoubtedly no will at all. (]. 2, 17, 7.) A later will .rightly completed breaks an earlier, no matter whether there is any heir under it or not ; for the one point that is looked to is whether in any case there might be an heir. If, therefore, any one [under the later will, rightly made] refuses to be heir, or dies either in the lifetime of the testator or after his death, but before entering on the inheritance [or is shut out by the lapse of the time allowed to decide...
Page 813 - ... in the statement that the Pignoris Capio could be resorted to in the absence of the Praetor and generally in that of the person under liability, and also that it might be carried out even when the Courts were not sitting. Let us go back for a moment to the parent Legis Actio — the LA Sacramenti. Its venerable forms presuppose a quarrel and celebrate the mode of settling it. It is a passing arbitrator whose interposition is simulated by the Praetor.
Page 650 - Ùiepolestas of the man that dies ; a son or daughter, for instance, a grandson or granddaughter by a son, and a great-grandson or great-granddaughter by a grandson that was himself the offspring of a son. It makes no difference whether they are descendants by birth or by adoption. (J. 3, i, 2 ; G. 3, 2, as restored.) A grandson or granddaughter, however, and a great-grandson or greatgranddaughter, are reckoned among the...
Page 58 - ... 6. A man may adopt the son of another as his grandson, and the grandson of another as his son. 7. If a man adopts a grandson to be the son of a son already adopted, or of a natural son in his power, the consent of this son ought first to be obtained, that he may not have a suits heres given him against his will.
Page 412 - ... a fact, of that which is not true by one who does not believe it to be true, (2) the active concealment of a fact by one having knowledge or belief of the fact.
Page 22 - ... father. And it is sufficient if the mother is free at the time of the birth, although a slave when she conceived ; and on the other hand, if she be free when she conceives, and is a slave when she gives birth to her child, yet the child is held to be born free ; for the misfortune of the mother ought not to prejudice her unborn infant. The question hence arose, if a female slave with child is made free, but again becomes a slave before the...
Page 135 - Prxtors, for instance, or Consuls that throw gifts among the crowd, are ignorant what each member of the crowd is going to catch. And yet because it is their wish that what each catches should be his, they make him owner on the spot. (J. 2, i, 46.) (3.) Delivery does not transfer ownership (in the case of a contract of sale) until the price is paid. If things are given by way of a gift or a dowry, or on any other ground, they are undoubtedly transferred. But things sold and delivered are not acquired...