Gai Institutiones, Or, Institutes of Roman Law |
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Page xxxvi
... jurists , the Jus Naturale implies personal freedom ; for all men are born free in a state of nature . But the Jus Gentium ( the law of the civilized world ) admits the institution of Slavery . In this point , therefore , the two are in ...
... jurists , the Jus Naturale implies personal freedom ; for all men are born free in a state of nature . But the Jus Gentium ( the law of the civilized world ) admits the institution of Slavery . In this point , therefore , the two are in ...
Page xxxix
... jurists was as much valued as their theoretical knowledge . They pleaded or gave advice to pleaders ; they gave a scientific precision to the formulae of legal business ; and they returned replies ( responsa ) to the questions of ...
... jurists was as much valued as their theoretical knowledge . They pleaded or gave advice to pleaders ; they gave a scientific precision to the formulae of legal business ; and they returned replies ( responsa ) to the questions of ...
Page xl
... jurists . It required a single superior court and a single controlling authority ( both of which were found in the ... jurist ; for we are told that Caesar , amidst his ambitious schemes for the regeneration of the Roman world ...
... jurists . It required a single superior court and a single controlling authority ( both of which were found in the ... jurist ; for we are told that Caesar , amidst his ambitious schemes for the regeneration of the Roman world ...
Page xlii
... jactavit " se mehercule effecturum ne quid respondere possint praeter eum . This was a desire that found no fulfilment during the Principate . jurist still plays a leading part in legal progress . xlii HISTORICAL INTRODUCTION.
... jactavit " se mehercule effecturum ne quid respondere possint praeter eum . This was a desire that found no fulfilment during the Principate . jurist still plays a leading part in legal progress . xlii HISTORICAL INTRODUCTION.
Page xliii
... jurist and of the jurist over the adminis- trator can never be determined for any given act or for any given moment of time . A division of power of this type is perhaps common to all monarchies . But in the Roman Principate , which was ...
... jurist and of the jurist over the adminis- trator can never be determined for any given act or for any given moment of time . A division of power of this type is perhaps common to all monarchies . But in the Roman Principate , which was ...
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Common terms and phrases
acquired agnates alien autem bona bonorum capitis minutio causa civil law claim coemption Comitia comm condictio contract creditor debt debtor defendant delict disposition edict eius Emperor enim etiam exceptio factum father filiusfamilias formula fuerit Gaius guardian Hadrian heir heredes hereditatem inheritance Inst instituted intentio inter interdict ipso jure itaque iure iuris judex jure juris jurists jus gentium Justinian Latin legatee lege legis lex Aelia Sentia lex Aquilia lex Julia liberi Litis contestatio magistrate mancipatio mancipation manu manumission manumitted modo neque obligatio obligation owner ownership party patris person plaintiff possessio possession potest praetor principal quae quam quia quidem quod quoque real action Roman citizen Roman law Rome siue slave status stipulatio stipulation sui juris sunt tamen testator thing tion tutela Twelve Tables ueluti uero Ulpian usucapion Uti possidetis
Popular passages
Page 42 - Now I say, That the heir, as long as he is a child, differeth nothing from a servant, though he be lord of all ; but is under tutors and governors until the time appointed of the father.
Page 1 - Nam quod quisque populus ipse sibi ius constituit, id ipsius proprium est vocaturque ius civile, quasi ius proprium civitatis; quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Page 353 - No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 615 - Ac de iure quidem praediorum sanctum apud nos est iure civili, ut in iis vendendis vitia dicerentur, quae nota essent venditori. Nam, cum ex duodecim tabulis satis esset ea praestari, quae essent lingua nuncupata, quae qui infitiatus esset, dupli poenam subiret, a iuris consultis etiam reticentiae poena est constituta ; quicquid enim esset 3 in praedio vitii, id statuerunt, si venditor sciret, nisi nomina66 tim dictum esset, praestari oportere.
Page 587 - Possessory interdicts ; it is ' sequens,' or subordinate ; that into prohibitoria, etc., is ' summa ' (§ 1 supr.) or ' principalis' (Gaius iv. 142). § 3. The formula of quorum bonorum is given in Dig. 43. 2. 1 ' quorum bonorum ex edicto meo illi possessio data est, quod de his bonis pro herede aut pro possessore possides, possideresve si nihil usucaptum esset, quodque dolo malo fecisti uti desineres possidere, id illi restituas.
Page 177 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 451 - Sacramenti actio generalis erat : de quibus enim rebus ut aliter ageretur lege cautum non erat, de his sacramento agebatur.
Page 503 - Sed et in strictis judiciis ex rescripto divi Marci, opposita doli mali exceptione, compensatio inducebatur.
Page 255 - First, as before stated, that the testator at the time of making his will, and at the time of his death...
Page 663 - HOLMES. 8vo. 2Is. net. Life and Times of Alfred the Great, being the Ford Lectures for 1901. By C.