Studies in Roman Law: With Comparative Views of the Laws of France, England, and ScotlandWilliam Blackwood and Sons, 1865 - 403 pages |
From inside the book
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Page xix
... passing of property , 223 Warranty against defects , 224 Stolen goods , 224 Sect . 2. - Contract of Hiring . Nature of contract , 225 Hiring of things , 225 Leases of lands and houses , Obligations of lessor , 225 Obligations of lessee ...
... passing of property , 223 Warranty against defects , 224 Stolen goods , 224 Sect . 2. - Contract of Hiring . Nature of contract , 225 Hiring of things , 225 Leases of lands and houses , Obligations of lessor , 225 Obligations of lessee ...
Page 7
... The leges , or laws properly so called , were proposed by the Laws of the people- consuls or other senatorial magistrates , and passed by the Leges . Plebiscita . Decrees of the senate . whole body of ROMAN LAW BEFORE JUSTINIAN . 7.
... The leges , or laws properly so called , were proposed by the Laws of the people- consuls or other senatorial magistrates , and passed by the Leges . Plebiscita . Decrees of the senate . whole body of ROMAN LAW BEFORE JUSTINIAN . 7.
Page 8
... passed by the assembly of the tribes , which was originally composed of plebeians only . At first these acts were only binding on the plebeians ; but after the Lex Hortensia , in the year of Rome 465 , both orders recognised the ...
... passed by the assembly of the tribes , which was originally composed of plebeians only . At first these acts were only binding on the plebeians ; but after the Lex Hortensia , in the year of Rome 465 , both orders recognised the ...
Page 9
... passed acts without the authority of the senate . In weighty affairs it was common for the senate to deliberate and decree , and for the people to interpose their sanction . But there were many things which the senate determined by its ...
... passed acts without the authority of the senate . In weighty affairs it was common for the senate to deliberate and decree , and for the people to interpose their sanction . But there were many things which the senate determined by its ...
Page 11
... passed to distant coun- tries beyond seas , and remained absent for years in the conquered states , the troops lost by degrees the spirit of citizens , and the generals , who disposed of armies and king- doms , became so powerful that ...
... passed to distant coun- tries beyond seas , and remained absent for years in the conquered states , the troops lost by degrees the spirit of citizens , and the generals , who disposed of armies and king- doms , became so powerful that ...
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Common terms and phrases
according acquired action adopted adultery agnates ancient ascendants belong brothers and sisters called child Cicero civil law claim Code Civil concubinage consent constitution contract corporation court creditor criminal curator death debt debtor deceased decemviral declared descendants divorce Droit edict emancipated emperor emphyteusis empire English entitled Ersk father France Fresquet guardian heir husband Institutes intestate judex judicial juris jurisprudence jurists Justinian land law of England law of France law of Scotland legacy legatee legitim liable Mackeldey magistrate Marezoll marriage married Maynz minor mother movables natural obligation offences Ortolan owner Pandects Papinian parties paternal power personal estate possession Pothier prætor prætorian prescription principle proprietor punishment regards relations Roman citizen Roman law Rome rule Sect senate servitudes slaves St Leonards's statute succeed succession sui juris testament testator things tion Tribonian tutor Twelve Tables Ulpian usufruct Vict wife writing
Popular passages
Page 263 - 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 and of each other but no form of attestation shall be necessary.
Page 282 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 263 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 208 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
Page 378 - It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared by act of parliament^) to be felonies without benefit of clergy; or, in other words, to be worthy of instant death.
Page 223 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 65 - ... 1. Privateering is and remains abolished; 2. The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 22 - In the space of ten centuries the infinite variety of laws and legal opinions had filled many thousand volumes, which no fortune could purchase and no capacity could digest. Books could not easily be found; and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion.
Page 43 - The Roman law forms no rule, binding in itself, upon the subjects of these realms; but, in deciding a case upon principle, where no direct authority can be cited from our books, it affords no small evidence of the soundness of the conclusion at which we have arrived, if it proves to be supported by that law, the fruit of the researches of the most learned men, the collective wisdom of ages and the groundwork of the municipal law of most of the countries in Europe.
Page 281 - That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall...