The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 4
... order that they should form part of the same gens ; but a pure unspotted pedigree , ancient enough to have no known beginning , was claimed by every member of a gens * , and there was a theoretical equality among all the mem- bers of ...
... order that they should form part of the same gens ; but a pure unspotted pedigree , ancient enough to have no known beginning , was claimed by every member of a gens * , and there was a theoretical equality among all the mem- bers of ...
Page 5
... order that his ascendancy over her might be more marked ; and she and her children were as completely in his power as if they had been carried off from a captured town . The children could have no separate property ; all belonged to him ...
... order that his ascendancy over her might be more marked ; and she and her children were as completely in his power as if they had been carried off from a captured town . The children could have no separate property ; all belonged to him ...
Page 10
... orders meet on the common ground of a graduated scale of property ; and the con- stitution of the thirty tribes marked ... order would have been closed against the plebeian in the army comprigens for ever . qual par atymo . with only The ...
... orders meet on the common ground of a graduated scale of property ; and the con- stitution of the thirty tribes marked ... order would have been closed against the plebeian in the army comprigens for ever . qual par atymo . with only The ...
Page 16
... orders were really placed on an equal footing . We may take the year 467 A.U.C. , the date of the lex Hortensia , as the period when we can first pronounce that the distinction of the two orders was really done away . When that law had ...
... orders were really placed on an equal footing . We may take the year 467 A.U.C. , the date of the lex Hortensia , as the period when we can first pronounce that the distinction of the two orders was really done away . When that law had ...
Page 25
... order in which Gaius treats his subject , and adopted his ex- * Labeo ingenii qualitate et fiducia doctrinæ , qui et in cæteris sapientiæ partibus operam dederat , plurima innovare statuit . Ateius Capito , in his quæ ei tradita erant ...
... order in which Gaius treats his subject , and adopted his ex- * Labeo ingenii qualitate et fiducia doctrinæ , qui et in cæteris sapientiæ partibus operam dederat , plurima innovare statuit . Ateius Capito , in his quæ ei tradita erant ...
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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...