The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 4
... succession to his property after his decease , these were matters which the council of the curies inquired into , and decided whether it should permit or not . As far as the exigences of daily life would allow , the individual was ...
... succession to his property after his decease , these were matters which the council of the curies inquired into , and decided whether it should permit or not . As far as the exigences of daily life would allow , the individual was ...
Page 14
... successions , tutelages , the rights of ownership and possession . Under these heads , sometimes points of the most minute detail are determined ; but generally , broad principles are stated in the most short and naked manner possible ...
... successions , tutelages , the rights of ownership and possession . Under these heads , sometimes points of the most minute detail are determined ; but generally , broad principles are stated in the most short and naked manner possible ...
Page 25
... succession of jurists , the law was moulded and prepared until it came into the hands of the five great luminaries of Roman jurisprudence - Gaius , Papinian , Paul , Ulpian , and Modestinus . Gaius . a 23. Gaius , or Caius , as the name ...
... succession of jurists , the law was moulded and prepared until it came into the hands of the five great luminaries of Roman jurisprudence - Gaius , Papinian , Paul , Ulpian , and Modestinus . Gaius . a 23. Gaius , or Caius , as the name ...
Page 29
... succession , and in many other branches of law , in which it is not difficult to recognise the spirit of humanity and reverence for natural ties , which Christianity had inspired . The dis- position to get rid of some of the more ...
... succession , and in many other branches of law , in which it is not difficult to recognise the spirit of humanity and reverence for natural ties , which Christianity had inspired . The dis- position to get rid of some of the more ...
Page 33
... successions to deceased persons , then of obligations , and lastly of actions.- An arrangement as nearly similar as possible will be observed in the following outline of Roman private law . The highest rule of ac- tion . Subordinate ...
... successions to deceased persons , then of obligations , and lastly of actions.- An arrangement as nearly similar as possible will be observed in the following outline of Roman private law . The highest rule of ac- tion . Subordinate ...
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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 hęc 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 prętor prętorian pupil quę 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...