The Institutes of Justinian: With English Introduction, Translation, and Notes |
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Page lix
... action were permitted to be set up by way of defence to an action with which they were inconsistent ; and thirdly , there were a few specified particular cases in which the prætor permitted pacts to be enforced by action . tractu . 87 ...
... action were permitted to be set up by way of defence to an action with which they were inconsistent ; and thirdly , there were a few specified particular cases in which the prætor permitted pacts to be enforced by action . tractu . 87 ...
Page lxv
... action called judicis postulatio was employed with regard to obligations , the machinery of the actio sacramenti being ob- viously 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 ob- viously but very ill adapted for enforcing rights against persons . We know little more than that the magistrate ...
Page lxvi
... action . ( 4 ) If the action was once brought , it was exhausted , or if it failed , even on the most technical ground , the plaintiff had no further remedy . ( 5 ) The sentence was ordi- narily to give the thing demanded , not a ...
... action . ( 4 ) If the action was once brought , it was exhausted , or if it failed , even on the most technical ground , the plaintiff had no further remedy . ( 5 ) The sentence was ordi- narily to give the thing demanded , not a ...
Page lxx
... action was merely to establish a point which it was necessary to have settled with a view to a future action . The decision of such a preliminary point was called a præjudicium . Of course the intentio took any form that best suited the ...
... action was merely to establish a point which it was necessary to have settled with a view to a future action . The decision of such a preliminary point was called a præjudicium . Of course the intentio took any form that best suited the ...
Page lxxii
... action , i.e. an action in which the plaintiff was allowed to feign that he was within the scope of the unextended action . When there was a contract not falling under the old heads , but executed on one side , the prætor enforced it by an ...
... action , i.e. an action in which the plaintiff was allowed to feign that he was within the scope of the unextended action . When there was a contract not falling under the old heads , but executed on one side , the prætor enforced it by an ...
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Common terms and phrases
acquired actio action adopted agnati appointed autem belonging bona fide bonorum capitis deminutio causa civil law claim cognati condictio constitution contract creditor Crown 8vo curator death debtor deceased defendant delicts ejus emancipated emperor enim etiam factum father fidei fideicommissa fideicommissum fidejussor fuerit furti Gaius give given hæc heredes ideo inheritance inter interdict intestato Introd jure juris Justinian legacy legatee lex Aquilia lex Julia liberty licet magistrate mandate manumission master mode modo neque obligation owner parties paterfamilias patria potestas peculium person plaintiff possessio possession possessor potest prætor prætorian pupil quæ quam quia quidem quis quod quoque Roman law senatusconsultum servitude sive slave stipulatio stipulation sui juris sunt suus heres tamen termed testament testator theft thing tion Titius tutor Twelve Tables Ulpian usucapion usufruct veluti verbis vero
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Page 608 - Buckle. — HISTORY OF CIVILISATION IN ENGLAND AND FRANCE, SPAIN AND SCOTLAND. By HENRY THOMAS BUCKLE.