The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 57
... actions , but only allowed them to con- stitute a means of defence against an action brought in viola- tion of them . Division of obligations . 83. According to the theory of Roman law , all obligations owed their origin either to the ...
... actions , but only allowed them to con- stitute a means of defence against an action brought in viola- tion of them . Division of obligations . 83. According to the theory of Roman law , all obligations owed their origin either to the ...
Page 66
... action called judicis postulatio was employed with regard to obligations , the machinery of the actio sacramenti being obviously but very ill adapted for enforcing rights against persons . We know little more than that the magistrate ...
... action called judicis postulatio was employed with regard to obligations , the machinery of the actio sacramenti being obviously but very ill adapted for enforcing rights against persons . We know little more than that the magistrate ...
Page 67
... actions of law . 99. Such forms of action were necessarily re- pugnant to the taste of the people as they ad vanced in civilization . They were in a great measure suppressed by the lex Ebutia ( about A.U.C. 573 ) , and afterwards , in ...
... actions of law . 99. Such forms of action were necessarily re- pugnant to the taste of the people as they ad vanced in civilization . They were in a great measure suppressed by the lex Ebutia ( about A.U.C. 573 ) , and afterwards , in ...
Page 70
... actions , how- ever , perhaps in more , the judge was directed to ' adjudicate ' a thing , in the sense of dividing it out among several litigants . These three actions were those brought to divide a family ... action . The 70 INTRODUCTION .
... actions , how- ever , perhaps in more , the judge was directed to ' adjudicate ' a thing , in the sense of dividing it out among several litigants . These three actions were those brought to divide a family ... action . The 70 INTRODUCTION .
Page 73
... action was ap- propriate . There are also numberless other divisions of actions , into which it is unnecessary to enter here ; one species , how- ever , the actiones arbitrarię § , deserves a passing notice . In these actions the judge ...
... action was ap- propriate . There are also numberless other divisions of actions , into which it is unnecessary to enter here ; one species , how- ever , the actiones arbitrarię § , deserves a passing notice . In these actions the judge ...
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Common terms and phrases
according acquired action adopted agnati allowed appointed autem become belonging bona bonorum bound bring brought called causa child civil claim considered constitution contract creditor death debtor defendant effect ejus emancipated emperor entered etiam exception express father fuerit gave give given heir heredes heres inheritance instance instituted inter interest judge jure juris Justinian land legacy legatee liberi magistrate master means mode natural necessary neque obligation owner particular parties passed person plaintiff position possession potest prętor pupil quę quam quia quidem quis quod received Roman rule says servitude share sive slave stipulation succession sunt taken tamen termed testament testator thing tion tutor valid veluti vero whole wishes
Popular passages
Page 206 - ... qualia sunt ea quae in iure consistunt, sicut hereditas ususfructus obligationes quoquo modo contractae. Nee ad rem pertinet, quod in hereditate res corporales continentur; nam et fructus, qui ex fundo percipiuntur, corporales sunt, et id quod ex aliqua obligatione nobis debetur plerumque corporale est, veluti fundus homo pecunia: nam ipsum ius successionis et ipsum ius utendi fruendi et ipsum ius obligationis incorpórale est. Eodem numero sunt et iura praediorum urbanorum et rusticorum, quae...
Page 487 - ... 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.
Page 427 - Namque non ita res datur ut ejus fiat ; et ob id de ea re ipsa restituenda tenetur. Et is quidem qui mutuum accepit, si quolibet fortuito casu quod accepit amiserit, veluti incendio, ruina, naufragio, aut latronum hostiumve incursu, nihilo minus obligatus permanet. At is qui utendum accepit sane quidem exactam diligentiam custodiendae...
Page 238 - A donation mortis causa is that which is made to meet the case of death, as when anything is given upon condition that, if any fatal accident befalls the donor, the person to whom it is given shall have it as his own; but If the donor should survive, or If he should repent of having made the gift, or If the person to whom It has been given should die before the donor, then the donor shall receive back the thing given.
Page 606 - ... sewn up in a sack with a dog, a cock, a viper, and an ape, and inclosed in this horrible prison he is to be, according to the nature of the place, thrown into the sea...
Page 182 - ... 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 555 - ... if the peculium be sufficient to answer the demand, the father or master is condemned to pay the whole debt ; but if the peculium be not sufficient, he is condemned to pay only to the extent of the peculium. We will hereafter explain, in its proper place, how the peculium is to be estimated. C. iv. 26. 12. We here enter on another division of actions, according to which actions, by which the whole of what was due was obtained, are distinguished from those by which sometimes the whole, sometimes...
Page 190 - ... quisque, veluti ex suo vino et alieno melle mulsum, aut ex suis et alienis medicamentis emplastrum aut collyrium, aut ex sua et aliena lana vestimentum fecerit, dubitandum non est hoc casu eum esse dominum qui fecerit : cum non solum operam suam dedit, sed et partem eiusdem materiae praestavit.
Page 366 - ... nepotes neptesve in patris sui locum succedere. pari ratione et si nepos neptisve sit ex filio, et ex nepote pronepos proneptisve, simul vocantur*. Et quia placuit nepotes...