The Institutes of Justinian: With English Introduction, Translation, and NotesThomas Collett Sandars |
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Page 54
... succession but now Pat : Pot to the inheritance of testators and intestates . Testaments . 78. The testament of a member of the populus was originally made in the comitia curiata ; it was , in fact , nothing else than a private law ...
... succession but now Pat : Pot to the inheritance of testators and intestates . Testaments . 78. The testament of a member of the populus was originally made in the comitia curiata ; it was , in fact , nothing else than a private law ...
Page 55
... succession it might be open to take upon them the office of heir . And a testator would always secure an heir by naming , as the last of the list , one of his own slaves , whom the law did not permit to refuse the office ( heres ...
... succession it might be open to take upon them the office of heir . And a testator would always secure an heir by naming , as the last of the list , one of his own slaves , whom the law did not permit to refuse the office ( heres ...
Page 56
... Succession to intestates . 80. If there was no testament to determine the succession to the particular property , the law pre- scribed the order in which it was to devolve . The first claimants were the sui heredes , that is , all ...
... Succession to intestates . 80. If there was no testament to determine the succession to the particular property , the law pre- scribed the order in which it was to devolve . The first claimants were the sui heredes , that is , all ...
Page 63
... successions . Probably in cases involving any question into which the centumvirs were the proper persons to inquire , it Judies . was not open to the parties to ask for a judge , and the whole proceedings were carried on before the ...
... successions . Probably in cases involving any question into which the centumvirs were the proper persons to inquire , it Judies . was not open to the parties to ask for a judge , and the whole proceedings were carried on before the ...
Page 67
... succession ; and a fictitious process , termed in jure cessio , which was nothing else than an undefended action at law , in which a disputant gave up ( cessit ) before the magistrate ( in jure ) the thing in dispute , was retained as a ...
... succession ; and a fictitious process , termed in jure cessio , which was nothing else than an undefended action at law , in which a disputant gave up ( cessit ) before the magistrate ( in jure ) the thing in dispute , was retained as a ...
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Common terms and phrases
acquired actio action adopted agnati autem belonging bona bonorum capitis causa civil law claim cognati condictio constitution contract creditor cujus curator debtor deceased deminutio dominus ejus emancipated emperor enim eorum etiam factum father fide fideicommissa fideicommissum fidejussor fuerit furti Gaius give given hæc heredem heredes hereditatem ideo inheritance instance inter intestato Introd jure juris Justinian legacy legatee legatum lege lex Aquilia lex Julia liberi licet magistrate mancipatio manumission marriage master modo neque nihil obligation owner paragr parties paterfamilias peculium person plaintiff possession possessor potest prætor prætorian pupil quæ quam quia quibus quidem quis quod quoque Roman law senatus-consultum servitude servus sibi sive slave stipulatio stipulation sui juris sunt suus heres tamen termed testament testator thing tion Titius tutor Twelve Tables Ulpian usufruct veluti vero
Popular passages
Page 206 - ... qualia sunt ea quae in iure consistunt, sicut hereditas ususfructus obligationes quoquo modo contractae. Nee ad rem pertinet, quod in hereditate res corporales continentur; nam et fructus, qui ex fundo percipiuntur, corporales sunt, et id quod ex aliqua obligatione nobis debetur plerumque corporale est, veluti fundus homo pecunia: nam ipsum ius successionis et ipsum ius utendi fruendi et ipsum ius obligationis incorpórale est. Eodem numero sunt et iura praediorum urbanorum et rusticorum, quae...
Page 487 - ... rem necessarias impensas fecerit : non intellegitur proprie ex contractu obligatus esse, quippe nihil inter se contraxerunt : sed quia non ex maleficio tenetur, quasi ex contractu teneri videtur.
Page 427 - Namque non ita res datur ut ejus fiat ; et ob id de ea re ipsa restituenda tenetur. Et is quidem qui mutuum accepit, si quolibet fortuito casu quod accepit amiserit, veluti incendio, ruina, naufragio, aut latronum hostiumve incursu, nihilo minus obligatus permanet. At is qui utendum accepit sane quidem exactam diligentiam custodiendae...
Page 238 - A donation mortis causa is that which is made to meet the case of death, as when anything is given upon condition that, if any fatal accident befalls the donor, the person to whom it is given shall have it as his own; but If the donor should survive, or If he should repent of having made the gift, or If the person to whom It has been given should die before the donor, then the donor shall receive back the thing given.
Page 606 - ... sewn up in a sack with a dog, a cock, a viper, and an ape, and inclosed in this horrible prison he is to be, according to the nature of the place, thrown into the sea...
Page 182 - ... 13. It has been asked, whether, if you have wounded a wild beast, so that it could be easily taken, it immediately becomes your property. Some have thought that it does become yours directly you wound it, and that it continues to be yours while you continue to pursue it, but that if you cease to pursue it, it then ceases to be yours, and again becomes the property of the first person who captures it. Others have thought that it does not become your property until you have captured it. We confirm...
Page 555 - ... if the peculium be sufficient to answer the demand, the father or master is condemned to pay the whole debt ; but if the peculium be not sufficient, he is condemned to pay only to the extent of the peculium. We will hereafter explain, in its proper place, how the peculium is to be estimated. C. iv. 26. 12. We here enter on another division of actions, according to which actions, by which the whole of what was due was obtained, are distinguished from those by which sometimes the whole, sometimes...
Page 190 - ... quisque, veluti ex suo vino et alieno melle mulsum, aut ex suis et alienis medicamentis emplastrum aut collyrium, aut ex sua et aliena lana vestimentum fecerit, dubitandum non est hoc casu eum esse dominum qui fecerit : cum non solum operam suam dedit, sed et partem eiusdem materiae praestavit.
Page 366 - ... nepotes neptesve in patris sui locum succedere. pari ratione et si nepos neptisve sit ex filio, et ex nepote pronepos proneptisve, simul vocantur*. Et quia placuit nepotes...