Elements of Roman Law |
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Page xv
... FORMULA 69-81 SUBSIDIARY actions on Contract and Delict 423-430 .. 430-448 448-456 REPRESENTATION of the principal parties to an action 456-458 .. 82-87 88-102 SECURITIES to be given by the parties to an action 103-109 STATUTORY actions ...
... FORMULA 69-81 SUBSIDIARY actions on Contract and Delict 423-430 .. 430-448 448-456 REPRESENTATION of the principal parties to an action 456-458 .. 82-87 88-102 SECURITIES to be given by the parties to an action 103-109 STATUTORY actions ...
Page 48
... formula of Adrogatio , § 98 , commentary . But in later times this power was withdrawn . Hadrian condemned to deportation a father who in the hunting - field killed his son who had committed adultery with his stepmother , Dig . 48 , 9 ...
... formula of Adrogatio , § 98 , commentary . But in later times this power was withdrawn . Hadrian condemned to deportation a father who in the hunting - field killed his son who had committed adultery with his stepmother , Dig . 48 , 9 ...
Page 51
... formula ( conceptio ) directed the judex to assess the damages not on any principle of civil law , but by his own sense of natural equity ( aequum et bonum ) , and this form may have helped to make the action maintainable by one who on ...
... formula ( conceptio ) directed the judex to assess the damages not on any principle of civil law , but by his own sense of natural equity ( aequum et bonum ) , and this form may have helped to make the action maintainable by one who on ...
Page 52
... formula in jus concepta , i . e . of the form , si paret oportere , ' if the plaintiff establish a right , ' but by a formula in factum , of the form , si paret factum esse , ' if the plaintiff establish a fact . ' It is remarkable that ...
... formula in jus concepta , i . e . of the form , si paret oportere , ' if the plaintiff establish a right , ' but by a formula in factum , of the form , si paret factum esse , ' if the plaintiff establish a fact . ' It is remarkable that ...
Page 71
... formula by which this assent was ascertained : Sed quum hoc juris a majoribus proditum sit ut nemo civis Romanus aut libertatem ( Mommsen conjectures : sui potestatem , but this in popular language may have been included under ...
... formula by which this assent was ascertained : Sed quum hoc juris a majoribus proditum sit ut nemo civis Romanus aut libertatem ( Mommsen conjectures : sui potestatem , but this in popular language may have been included under ...
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Gaii Institutionum Iuris Civilis Commentarii Quatuor, Or, Elements of Roman Law Gaius No preview available - 2019 |
Common terms and phrases
Aelia Sentia agnates alien aput autem bequest bona bonorum capitis causa civil law coemption condictio contract creditor debt debtor defendant dominion edict eius enim esset etiam ex delicto exceptio factum father filius filiusfamilias formula fuerit Gaius guardian haec heir heredes hereditatem ideo inheritance Inst intentio inter interdict itaque iure iuris judex jurists jus in rem Justinian Latinus legatee lege legis lex Aelia Sentia lex Julia liberi mancipation manu manumission manumitted modo neque Nexum nomine Numerius Negidius obligatio obligation party patron pecunia person plaintiff posse possessio possession possessionem postea potest prae praetor proprietor quae quam quia quibus quidem quiritary quis quod quoque real action Roman law sanction senatusconsult sesterces sive slave sponsio status stipulatio stipulation successor sui iuris sunt tamen testamento testator thing tion Titius Twelve Tables Ulpian usucapion velut vero
Popular passages
Page 19 - Quod principi placuit legis habet vigorem: utpote cum lege regia, quae de imperio eius lata est, populus ei et in eum omne suum imperium et potestatem conferat...
Page 325 - 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 508 - Rei depositae proprietas apud deponentem manet sed et possessio, nisi apud sequestrem deposita est; nam tum demum sequester possidet: id enim agitur ea depositione ut neutrius possessioni id tempus procedat, Dig.
Page 2 - Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.
Page 514 - Quod precario ab illo habes, aut dolo malo fecisti ut desineres habere, qua de re agitur, id illi restituas, Dig1.
Page 385 - And it is a settled distinction, that where an act is done which is in itself an immediate injury to another's person or property, there the remedy is usually by an action of trespass vi et armis; but where there is no act done, but only a culpable omission, or where the act is not immediately injurious, but only by consequence and collaterally; there no action of trespass vi et armis will lie, but an action on the special case for the damages consequent on such omission or act.
Page 304 - In hac quaestione totius ob rem dati tractatus inspici potest qui in his competit speciebus : aut enim do tibi ut des; aut do ut facias; aut facio ut des ; aut facio ut facias.
Page 184 - 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 69 - In orbe Romano qui sunt, ex constitutione imperatoris Antonini cives Romani effecti sunt, Dig.
Page 53 - 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.