Roman Law in the Modern World, Volume 2New Haven Law Book Company, 1922 - Civil law |
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Common terms and phrases
acquisition action adopted ancient Anglo-American law Blackstone bonorum Chile Civil code code of Austria code of France code of Louisiana code of Spain codicil contract corporation creditor curator debt debtor decedent decedent's delivery Early Imperial Emperor emphyteusis English Common Law English law frag French Gaius Germany gifts inter vivos Girard guardian Hunter husband hypotheca inheritance Inst instance intestate intestato Italian Italy jus civile Justinian land law of Justinian law¹ law2 Ledlie ³ legacies legatees lex Julia liable lien Louisiana Civil Code Mackeldey Dropsie mancipatio marital power marriage modern law mortgage movable obligation origin owner ownership paternal power Paulus person pignus pledge Porto Rico possession praetor praetorian prescription prescriptive period Robinson Roman and modern Roman jurist Roman law 14 servitudes Sohm Ledlie statute supra vol testamentary testator Theod things tion Ulpian usucapio usufruct wife Williams words XII Tables
Popular passages
Page 5 - ... nee erit alia lex Romae, alia Athenis, alia nunc, alia posthac, sed et omnes gentes et omni tempore una lex et sempiterna et immutabilis continebit...
Page 14 - in civil matters, where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages where positive law is silent.
Page 163 - BEFORE we conclude the doctrine of remainders and reversions, it may be proper to observe, that whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate y, the less is immediately annihilated; or, in the law phrase, is said to be merged, that is, sunk or drowned in the greater.
Page 189 - The creditor acquires by this contract, the right of reaping the fruits, or other rewards of the immovables given to him in pledge, on condition of deducting, annually, their proceeds from the interest, if any be due to him, and afterwards from the principal of his debt.
Page 143 - Public things are those, the property of which is vested in a whole nation, and the use of which is allowed to all the members of the nation: of this kind are navigable rivers, seaports, roadsteads and harbors, highways and the beds of rivers, as long as the same are covered with water.
Page 318 - Verba autem edicti talia sunt : QUAE DOLO MALO FACTA ESSE DICENTUR, SI DE HIS REBUS ALIA ACTIO NON ERIT ET JUSTA CAUSA ESSE VIDEBITUR, JUDICIUM DABO.
Page 158 - Those who possess, not for themselves, but in the name of another, as farmers, depositaries and others who acknowledge an owner, cannot acquire the legal possession, because, at the commencement of their possession, they had not the intention of possessing for themselves, but for another.
Page 223 - Unde oportet, ut qui praescribit in nulla temporis parte rei habeat conscientiam alienae.
Page 269 - In the cases prescribed by the two last preceding articles, the heirs are called forced heirs, because the donor cannot deprive them of the portion of his estate reserved for them by law, except in cases where he has a just cause to disinherit them.
Page 21 - ... are observed by all nations alike, are established, as it were, by divine providence, and remain ever fixed and immutable : but the municipal laws of each individual state are subject to frequent change, either by the tacit consent of the people, or by the subsequent enactment of another statute. 12 The whole of the law which we observe relates either to persons, or to things, or to actions. And first let us speak of persons : for it is useless to know the law without knowing the persons for...