Gai Institutiones, Or, Institutes of Roman Law |
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Page v
... OBLIGATIONS [ the other branch of RES SINGVLAE ] , and their TITLES . Obligations founded on CONTRACT INSTRUMENTS of acquiring Obligation 88-162 163-167 168-181 182-225 Obligations founded on DELICT EXTINCTION of Obligation . ADDENDUM ...
... OBLIGATIONS [ the other branch of RES SINGVLAE ] , and their TITLES . Obligations founded on CONTRACT INSTRUMENTS of acquiring Obligation 88-162 163-167 168-181 182-225 Obligations founded on DELICT EXTINCTION of Obligation . ADDENDUM ...
Page xxxvii
... obligation . The obligation , it is true , could not be called legal ; it was only natural ( Naturalis obligatio ) ' ; but still it was an obligation that could benefit the master , without making that master's condition worse . It was ...
... obligation . The obligation , it is true , could not be called legal ; it was only natural ( Naturalis obligatio ) ' ; but still it was an obligation that could benefit the master , without making that master's condition worse . It was ...
Page 4
... Obligation ( jus in personam ) , jus gentium may be divided into two classes , according to the degree in which it was recognized by Civil law : - A. A portion of jus gentium was recognized as a ground of Action . To this class belong ...
... Obligation ( jus in personam ) , jus gentium may be divided into two classes , according to the degree in which it was recognized by Civil law : - A. A portion of jus gentium was recognized as a ground of Action . To this class belong ...
Page 5
... obligation were ( 1 ) specialty or Formal contracts , and ( 2 ) penal suits . Yet even into these provinces jus gentium forced a partial entrance . We shall see that aliens could be parties to a Stipulatio or Verbal contract , though ...
... obligation were ( 1 ) specialty or Formal contracts , and ( 2 ) penal suits . Yet even into these provinces jus gentium forced a partial entrance . We shall see that aliens could be parties to a Stipulatio or Verbal contract , though ...
Page 17
... obligation incumbent on all the world , that is to say , in our sense of the words they are not Personal , but Real . As contrasted with Acquired rights ( Erworbene Rechte , jus quaesitum ) they are called Birthrights or PRIMORDIAL ...
... obligation incumbent on all the world , that is to say , in our sense of the words they are not Personal , but Real . As contrasted with Acquired rights ( Erworbene Rechte , jus quaesitum ) they are called Birthrights or PRIMORDIAL ...
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Common terms and phrases
acquired Aelia Sentia agnates alien Aulo Aulo Agerio autem bona fide bonorum causa civil law claim coemption comm condemnatio condictio contract creditor debt debtor defendant delict disposition edict eius emperor enim etiam exceptio factum father filiusfamilias formula fuerit furtum Gaius guardian heir heredes hereditatem ideo inheritance Inst instituted intentio inter interdict itaque iure iuris judex jure juris jurists jus gentium Justinian Latin legatee lege legis lex Aelia Sentia lex Aquilia Litis contestatio magistrate mancipatio mancipation manu manumission manumitted modo neque Numerius Negidius obligatio obligation owner ownership paret party pecunia person plaintiff possessio possession potest praetor quae quam quia quidem quod quoque real action Roman citizen Roman law Rome sesterces siue slave statute stipulatio stipulation sui iuris sunt tamen testator thing tion Twelve Tables ueluti uero Ulpian usucapion
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.