Institutes of the Laws of Holland

Front Cover
J. and W. T. Clarke, 1828 - Civil law - 735 pages
 

Contents

Requisites of Marriage1 Prohibited Marriages
78
125
82
Consequences of Marriage Marital Power
84
Second Marriages
90
Who may be a Guardian
97
127
105
CHAPTER THE FIFTEENTH
106
CHAPTER THE SIXTH
112
CHAPTER THE EIGHTH
123
Acceptance or Repudiation of an Inheritance
149
Act of Deliberation Benefit of Inventory Succession of Collaterals
150
CHAPTER THE TENTH Of Inheritance ab Intestato I Inheritance ab Intestato
157
Special points with respect to Inheritance ab Intestato
164
CHAPTER THE ELEVENTH Of the Right of Servitude I Servitudes in General
167
Rural or Prædial Servitudes III House or Urban Servitudes IV How Acquired and Lost V Usufruct 167 ib
168
Further Personal Servitudes
170
CHAPTER THE TWELFTH Of the Right of Pledge or Mortgage Sect Page I Right of Pledge or Mortgage
173
Legal Mortgages
174
Conventional Mortgages
176
Preference
178
Sale of the Pledge or Thing mortgaged
180
How the Right of Pledge or Mortgage Expires
181
CHAPTER THE THIRTEENTH On the Right of Possession I Right of Possession
183
Consequences of Possession
184
Proceedings with respect to Possession
185
CHAPTER THE FOURTEENTH On Obligations and the Personal Rights arising therefrom in General I General Nature of Obligations
187
Contracts When not valid
188
What Persons are capable of binding themselves
190
Rules of Interpretation of Contracts
192
Further Causes of Obligations
194
Subject of Obligations ib VII Consequences of Obligations
196
Different kinds of Obligations
199
Remarks on the different kinds of Obligations
200
Sureties
206
On Obligations arising from Contracts and Quasi Contracts Sect Page I Donation
213
Loan
216
Lending of things which are consumed by use
217
Rent or Interest
218
Lending of things which are not consumed by use
219
Deposit or Bailment
222
Sequestration and Consignation
223
Pledge
225
Purchase and Sale
226
Consequences of Purchase and Sale
230
How the Sale is annulled
234
Letting and Hiring
236
Consequences of Hiring and Letting
237
Erfpagt Gunning
241
Mandate
242
Quasi Contracts
245
On Obligations arising from Crimes and Quasi Crimes I Obligations arising from Crimes
248
Crimes against the Life
249
Crimes against the Person
250
Crimes against Property
252
Quasi Crimes
253
Of the different Kinds of Proof or Evidence 1 Of Proof or Evidence in general
254
Written Proof
256
CHAPTER THE EIGHTEENTH
264
Compensation or Settoff
271
BOOK THE SECOND
279
Accomplices before the fact or Conspirators
291
Degrees of Punishment Confiscation
300
Of Crimes against Religion
312
Of Crimes against the State and Public Safety Sect Page I Different Species of this Crime
315
Treason
316
Coining
317
Sedition
318
Crime of Force and Violence
320
Arson
322
Extortion or Concussion
323
Corrupt Purchasing of Offices
324
Of Crimes against the Life the Person and the Honour of our Fellow Men I Homicide
325
By whom
326
Mortal Wounds ib V Wilful and Premeditated Homicide
328
Homicide by Imprudence
329
Accidental Homicide or ChanceMedley
331
Homicide in SelfDefence or Justifiable Homicide
332
Murder
334
Poisoning ib XII Parricide and Infanticide
335
Punishment of Parricide and Infanticide
337
Suicide or SelfMurder
338
Crimes against the PersonWoundsDuelling
339
Crimes against Honour
340
Of Crimes against Property Sect Page I Crimes against Property
342
Robbery
344
Falsity and Forgery
346
Peculators or Public Defaulters
349
Prevarication
350
Cheating at Play and Gambling
351
Bankrupts ib IX Usurers and Swindlers
352
CHAPTER THE SEVENTH Of Crimes of Incontinence I Crimes of Incontinence
353
Bigamy
355
Rape ib V Fornication
356
Concubinage
357
Sodomy
358
Incest
359
Of the Evidence in Criminal Cases I Evidence in Criminal Cases
360
Corpus Delicti ib III Confession
361
Witnesses
363
Power to bring and defend an Action
396
Venia Agendi or License to Sue
397
Advocates and Attornies at Law ib V Leave to sue in forma pauperis or pro deo
399
Citation before the inferior Tribunals
400
Petition to the upper Court for Mandament or Subpœna
401
Letters Missive
402
Marshals ib Edict
403
Letters RequisitorialEdict ad Valvas Curiæ
404
Presentation The Roll
405
Claim and DemandMinutes
406
Provisional Payment or Namptissement
407
Comparuit and Default
410
Imparlance or Day of DeliberationPreliminary Requests
411
Exception or Plea
414
Answer
416
Barring of Answer of Defendant ib XVIII Reconvention or cross Action
417
Joining of Issue Pleadings on Provisional or Interlocutory OrderIntervention or Inter pleading
419
Mandament of Debt
420
Of Causes which are decided in a summary Way
421
Of Arrests and Penal Interdicts
430
Of Proceedings in Possessory Cases
445
CHAPTER THE SEVENTH
461
CHAPTER THE EIGHTH
470
Sect Page
473
Of Sentences and their Execution
480
Opposition in Execution
487
Apprehension of the Person
493
Of Matters relating to Estates which are taken under
500
The Party Accused
507
Summons or Citation to appear in Person
516
CHAPTER THE THIRD
533
CHAPTER THE FOURTH
539
ON THE LAW MERCHANT CHAPTER THE FIRST On Commerce in General and that of Holland in particular Sect Page I Introduction
549
Origin of Commerce
550
Commerce of Holland
552
First period
553
To the Treaty of Westphalia
554
From the Peace of Westphalia to the present Time
556
Increase and decline of the Commerce of Holland
557
Means of reviving our Commerce
560
Trade of Amsterdam
562
Money
565
Trade
566
Partnership
570
Profit and Loss
571
Different kinds of Partnership and Conditions
573
Latent Partnerships
575
Rights and Duties of Partners
576
How Partnership ends
579
General View of the Maritime Laws of Holland I Freedom of Navigation
581
Navigation of Neutral Nations
583
The Law of Holland on this Head
585
Maritime Laws of Holland
588
Staple Right
589
Duties on Exports and Imports
590
Pilotage
596
Shipwreck
599
Of Ships Hypothecation and Bottomry of the Keel Sect Page I Ships
603
Rights with respect to Ships of War
604
On Mercantile and other Vessels
606
Byl or Water Bonds
610
Of Shipowners Masters and Mariners I Rights of Partowners
616
Respective Rights of Masters and Owners
618
Rights of the Master and Freighters
620
Respective Rights of the Passengers and Master
624
Respective Rights of the Master and Ships Company
625
Of Average and Damage at Sea I Average
630
Gross Average
632
Jetsam ib V How by whom and on what Articles Averages are to be borne
634
Other Cases of Average
638
Ships getting foul of or running down each other
640
CHAPTER THE SIXTH Of Insurance I Insurance
644
What things may be the Objects of Insurance
649
For what risk an Insurance may be effected
650
Limation of the Sum to be underwritten by each Insurer
652
Policy of Insurance
654
Obligations on the part of the Insured
656
Obligations on the part of the Underwriter
659
Exceptions in favour of Underwriters
661
Manner of Proceeding in Insurance Cases
665
CHAPTER THE SEVENTH On Bills of Exchange I Origin of Bills of Exchange
668
Instruments of a similar Nature
670
Different Kinds of Bills of Exchange
674
What Parties are necessary to a Bill of Exchange
676
Requisites of a Bill of Exchange
677
Indorsement
679
Acceptance
680
Nature of the Contract between the Drawer and the Payee
681
Obligations of the Drawer
682
Obligations of the Remittent or Payee
686
Obligations between the Drawer and Drawee
687
Payment for the Honour of the Drawer or the Indorser
689
Obligations of the Holder
691
Protest of Bills
692
Actions and Manner of Proceeding on a Case arising out of a Contract of Exchange
693
How a Debt due on a Bill of Exchange is extin guished
694
Conclusion of this Work
696
Titles of the Roman Law
704

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Page 5 - ... that her Majesty's administration, both in ecclesiastical and civil affairs, tends to the destruction of the constitution, and that there are men of characters and stations in Church and State who are false brethren, and do themselves weaken, undermine and betray, and do encourage and put it in the power of others. who are professed enemies, to overturn and destroy, the constitution and establishment ; . . . and...
Page 8 - Orat. inaug. , qua disquiritur an capita illa juris Romani , quae in usu hodie non esse dicuntur, in Academiis doceri, expédiât Gron., 1762.
Page xii - ... the laws of the revolution and the codes of Napoleon. In like manner, the Dutch colonies ceded to England are subject to the Dutch law, as it existed at the time of the cession. " The ancient law of Holland (says Mr. Henry, in his preface to his translation of Vanderlinden's Institutes of the Laws of Holland), as it existed before the subjugation of that country to France, and the introduction of the code Napoleon, still prevails in the Dutch ceded colonies, which never admitted the new code,...
Page 5 - ... who laid down those premises ? Can it be thought that he laid them down, without an intention that his hearers should make the conclusion ?—or could he think it possible they should not make it ?—or shall the suppressing a conclusion so plainly arising, which is taken notice of in some that write of logic as an elegance in discourse, pass for an excuse ?
Page 331 - ... sewn up in a sack with a dog, a cock, a viper, and an ape, and in this dismal prison is thrown into the sea...
Page 5 - Therefore persons of character and station do, &c. " The two first propositions are what I have shewn the doctor plainly to lay down : the other only a necessary consequence. " Would any one expect that the doctor should be so forgetful of the rules of logic, as, when...
Page 56 - Friesland, must do justice according to the laws and ordinances of the land, and also according to the privileges and old established customs and usages, and in failure of these, according to the Written Law.
Page 420 - WifBerftänbnifj ber 1. 5. C. de ingenuis manum. (7, 14) : „Diffamari statum ingenuorum seu errore seu malignitate quorundam, periniquum est: praesertim cum affirmes, diu Praesidem unum atque alterum...
Page 159 - ... 28. Representation shall not be admitted among collaterals, further than the grandchildren of brothers and sisters, and the children of uncles and aunts inclusively, and all other collaterals, being the next of kin of the deceased, and in equal degrees shall take per capita, Q to the exclusion of all who are in a more remote degree of consanguinity, (^ the nearest excluding those more remote.
Page 87 - Separation the marriage, there is also with us a kind of t horo. provisional separation, introduced from the Canon Law, ()) termed a separation of bed, board, cohabitation, and goods. This can, no more than a divorce, be effected by the mere private agreement of the parties.

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