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17.06.2021 | History

4 edition of A History of Roman Law: With a Commentary on the Institutes of Gaius and Justinian found in the catalog.

A History of Roman Law: With a Commentary on the Institutes of Gaius and Justinian

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        StatementLittle, Brown
        PublishersLittle, Brown
        Classifications
        LC Classifications1912
        The Physical Object
        Paginationxvi, 85 p. :
        Number of Pages60
        ID Numbers
        ISBN 10nodata
        Series
        1nodata
        2
        3

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1882 Roman 540 M483 Scott, S P A History of Roman Law: With a Commentary on the Institutes of Gaius and Justinian civil law, v. 4 2; cf Gaius, iii. Another example is Lex Romana Burgundionumwhich mentions Gaius as one of its 3 sources. The common element for both, logically very similar techniques, is the dissection of a given subject into different elements. Niebuhr in the chapter library of Verona, in which some of the works of St. After his death, however, his writings were recognized as of great authority, and the emperor named him in thealong with, andas one of the five jurists whose opinions were to be followed by judicial officers in deciding cases.

It is not necessary to believe that this Provincial Edict was the edict of the particular province perhaps Asia of which he was a native. If the opinions of all of them agree in one, that, if they so think, has the force of lex. The Romans did not invent this technique but rather took it from the Greeks, especially Aristotle and the Stoics. Their disappearance has been placed as early as the close of the first century a.

The only proof of the validity of an opinion was its acceptance by a court. According to Buckland and McNair window. Reforms in Procedure effected during the later period of the Republic.

41 But if I neither sell an article to you nor surrender it in court, but only deliver it to you, the said article becomes yours by bonitarian right, but still remains mine by quiritarian right, until you, through possession, acquire it by usucaption; for as soon as usucaption is completed, the article becomes absolutely yours, that is, the bonitarian and quiritarian rights vest in you, just as if it had been sold or surrendered in court.

[1] 71 Therefore, if the river should carry away a part of your land and bring it to mine, that part will still continue to be yours.

But in nearly all the spheres subject to the commands of the people, the Populus and the Plebs were equally competent; a Lex could repeal a Plebiscitum and a Plebiscitum a Lex.

So essential was he to his master in his capacity of agent that the law was forced to recognize that he could be a party to an obligation. 1882 Roman 540 M483 Muirhead, J The Institutes of Gaius and Rules of Ulpian Institutes from Studemund's apograph of the Verona codex; with translation and notes. 154 For this reason anyone who suspects that he is insolvent, usually appoints his slave his heir with the grant of his freedom as a substitute in the second or any inferior degree; so that, if his creditors are not satisfied in full, the property of his estate may be sold rather as belonging to the heir than to the testator himself, and the disgrace which results from the sale of the property of an insolvent estate may attach rather to the heir than to the testator; although as was held by Sabinus, according to Fufidius, that he ought not to suffer ignominy because the sale of the property of the estate was not caused by his fault but through the requirements of the law.

The response was usually elicited by a party to the suit and presented to the Judex.

A History of Roman Law

27 Moreover, they are forbidden to dwell in the City of Rome or within the hundredth mile-stone of the Capitol; and if they should disobey, they and their property are ordered to be publicly sold under the condition that they shall remain slaves beyond the hundredth milestone of the City of Rome, and that they shall never be manumitted; and if they should be manumitted, they are ordered to become the slaves of the Roman people; and these things are included in the Lex Aelia Sentia.

We possess fragments of such works by Gaius, Paulus, and Ulpian, as well as the closely related Digesta by Julian. He might take other cases, if he willed; but his jurisdiction was always voluntary; and, if he declined to act, the case went before the Praetor.