330.

426.

439.

506.

Constantinople the seat of government.

Law of Citations, a constitution of Theodosius II and Valentinian III.

Codex Theodosianus.

Lex Romana Visigothorum, or Breviarium Alarici, containing
Epitome of Gaius.

CONTENTS.

BOOK I.

STATUS OR UNEQUAL RIGHTS [DE PERSONIS].

SECTION

1-7 SOURCES OR ORIGINS of law, or various ORGANS of

legislation. CIVIL law, and NATURAL law

DIVISIONS OF LAW

8

9-12

13-47

The subjects of the Civil Code are

PAGE

...

1-35

...

35-39

(1) UNEQUAL RIGHTS (PERSONAE, Book I);

(2) EQUAL RIGHTS (RES, Books II and III);

(3) PROCEDURE (ACTIONES, Book IV);

STATUS or INEQUALITY of rights divides the members

of society into nine classes: the Freeborn, the Freedman,

the Slave; the Citizen, the Latin, the Alien; the Father of

the household, the Son of the household, the Bondsman

FREEDMEN

39-42

55-107 PATERNAL POWER, the modes in which it originates

108-115 MARITAL POWER, the modes in which it originates

116-123 BONDAGE, the mode in which it originates ...

124-141 Modes in which PATERNAL POWER, MARITAL

POWER, and BONDAGE are terminated

INEQUALITIES among those who are INDEPENDENT
(Fathers of their household).

142-196 GUARDIANSHIP, classes and modes in which it originates

SECTION

BOOK II.

EQUAL RIGHTS [DE REBUS].

EQUAL RIGHTS are

(1) ELEMENTARY or UNITARY (RES SINGULAE).

(2) COLLECTIVE (RERUM UNIVERSITATES).

Elementary rights are

(1) REAL (JUS IN REM).

(2) PERSONAL (JUS IN PERSONAM).

Real rights are (not to mention PRIMORDIAL rights)
(1) UNLIMITED (DOMINIUM or OWNERSHIP).
(2) LIMITED (SERVITUS or EASEMENT).

ELEMENTARY or UNITARY RIGHTS (RES SIN-

GULAE), and in the first place the REAL RIGHTS of

OWNERSHIP and SERVITUDE (one branch of RES

SINGULAE).

1-79 TITLES or facts originative of REAL rights, whether

OWNERSHIP OR SERVITUDE ...

PAGE

...

...

146-195

62-64 Ownership without power of alienation, and power of alienation

without ownership

...

...

80-85

86-96

Alienation by WARDS

...

INSTRUMENTS of Acquisition of Real rights

187

195-196

COLLECTIVE RIGHTS [RERUM UNIVERSITATES].
The TITLES by which a person is invested with Collective
rights, in other words, the TITLES of UNIVERSAL
SUCCESSION, are five, Testamentary disposition, Intestacy,
Insolvency, Adrogation, and Manus or Marital power.

97-190 WILLS

...

...

...

202-252

191-245 LEGACIES. Legacies are Titles to RES SINGULAE, but
are introduced in this place as being accessory to WILLS 253–271

246-259 COLLECTIVE rights in TRUST

260-289 ELEMENTARY rights in TRUST, though examples of

RES SINGULAE, are introduced in this place as being

accessory to WILLS

SECTION

BOOK III.

INTESTACY or title by DESCENT.

ORDER of Intestate Succession

1-38

39-76 Successions to FREEDMEN, testate and intestate

77-87

323-338

Successions by INSOLVENCY, ADROGATION, MARI-
TAL POWER, transfer of Inheritance
PERSONAL RIGHTS, or OBLIGATIONS [the other branch
of RES SINGULAE], and their TITLES.

10-29

STATUTE-PROCESS or ANCIENT method of Procedure... 467-484

82-87

SUBSIDIARY actions on Contract and Delict

REPRESENTATION of the principal parties to an action... 531-533

...

88-102 SECURITIES to be given by the parties to an action

103-109 STATUTORY actions (1) in a wider sense, as actions required

by the lex Julia to be terminated in eighteen months from

their institution; and (2) in a narrower sense, or such of the

former class as in respect of NOVATION or CONSUMP-

TION of the right of action are assimilated by the lex

Aebutia to the statute-process (legis actio) of the older

system.

NON-STATUTORY actions, or actions founded on the

executive authority of the Praetor, are required to ter-

minate within twelve months from their institution, and

have no power at civil law of consuming or novating a right

of action, but bar a subsequent action when pleaded by the

exceptio rei judicatae.

Actions with a pendency or duration of eighteen months, but

without a power of NOVATION or CONSUMPTION at

civil law, are STATUTORY in one sense and NON-

STATUTORY in another

b

533-540

540-551

SECTION

110-113 PERPETUAL actions, or actions which can be instituted at

any date from their nativity (in later times within twenty

or thirty years from their nativity), and TEMPORARY

actions, or actions that must be instituted within a certain

date (usually a year) from their nativity. Actions TRANS-

MISSIBLE or NOT-TRANSMISSIBLE to the successors

of the principal parties

114 Title of defendant subsequent to Litis contestatio

115-137 NEGATION and EXCEPTION, or NULLITY, NULLIFI-

CATION, COLLISION, of rights

PAGE

551-560

560-562

...

562-587