The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 5
... considered to be the spoils of war . He was the owner by conquest of all that belonged to him . His property was all classed under the term mancipium - it had all been taken by the " hand " ( manú captum ) . Even his wife and children ...
... considered to be the spoils of war . He was the owner by conquest of all that belonged to him . His property was all classed under the term mancipium - it had all been taken by the " hand " ( manú captum ) . Even his wife and children ...
Page 9
... considered of great importance * . The pass over . The account given above of the relative positions of the plebs and the populus ( see PUCHTA , Inst . i . 126 ) is not quite in accordance with the views of Niebuhr . Supposing , however ...
... considered of great importance * . The pass over . The account given above of the relative positions of the plebs and the populus ( see PUCHTA , Inst . i . 126 ) is not quite in accordance with the views of Niebuhr . Supposing , however ...
Page 15
... considered manifestly unjust * ; and we know that , among other things , they expressly refused the connubium to the plebs . The Twelve Tables , fixing and proclaiming the law , were un- doubtedly a source of great strength to the ...
... considered manifestly unjust * ; and we know that , among other things , they expressly refused the connubium to the plebs . The Twelve Tables , fixing and proclaiming the law , were un- doubtedly a source of great strength to the ...
Page 17
... considered expedient * . But the contact of Rome with foreign nations produced a much more remarkable effect on Roman law than the intro- duction of a new branch of law regulating the position of * See WARNKENIG , Hist . du droit romain ...
... considered expedient * . But the contact of Rome with foreign nations produced a much more remarkable effect on Roman law than the intro- duction of a new branch of law regulating the position of * See WARNKENIG , Hist . du droit romain ...
Page 40
... considered a matter of public policy to keep a watch over such a proceeding , lest the last of his gens should arrogate himself , and its sacra be lost . Much simpler modes for effect- ing arrogation , as well as for effecting ...
... considered a matter of public policy to keep a watch over such a proceeding , lest the last of his gens should arrogate himself , and its sacra be lost . Much simpler modes for effect- ing arrogation , as well as for effecting ...
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Common terms and phrases
acquired actio action adopted agnati autem belonging bona bonorum capitis causa civil law claim cognati condictio constitution contract creditor cujus curator debtor deceased deminutio dominus ejus emancipated emperor enim eorum etiam factum father fide fideicommissa fideicommissum fidejussor fuerit furti Gaius give given hæc heredem heredes hereditatem ideo inheritance instance inter intestato Introd jure juris Justinian legacy legatee legatum lege lex Aquilia lex Julia liberi licet magistrate mancipatio manumission marriage master modo neque nihil obligation owner paragr parties paterfamilias peculium person plaintiff possession possessor potest prætor prætorian pupil quæ quam quia quibus quidem quis quod quoque Roman law senatus-consultum servitude servus sibi sive slave stipulatio stipulation sui juris sunt suus heres tamen termed testament testator thing tion Titius tutor Twelve Tables Ulpian usufruct veluti vero
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...