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according acquired action Alexander Severus ancient appointed authority became body called canon law character Christian citizens civil law claim common constitutions contract Corpus Juris creditor customs debtor delict depend derived Diocletian distinction dominium Droit Romain early Roman edict elements emperor emphyteusis Empire enforced exercised existing extent fact father Gaius Gesch Geschichte heir History idea imperial important influence inheritance injury Institutes involved judex judicial jure jurisdiction jurisprudence jus civile jus gentium justice Justinian Kaufmann's latter Law of Obligations legal capacity legal rights legislation Lehrbuch Lond magistrate marriage ment mode modern natural nexum obligation origin Ortolan owner ownership Pandekten Papinian parties person plaintiff plebeians possession potestas praetor praetorian principles protection provincial reference regarded relation Roman jurists Roman law Rome Romische rules sanction slave testament testator thing tinian tion trans transferred tutor Ulpian usucapio usufruct
Page 429 - (Carl) Bracton and his Relation to the Roman Law. A Contribution to the History of the Roman Law in the Middle Ages. Trans, by Brinton Coxe. Phila., 1866. Hallifax (Samuel) Elements of the Roman Civil Law, in which a Comparison is occasionally made between the Roman Laws and those of England. Lond., 1818. Haubold (CG) Institutionum Juris Romani Privati Lineamenta.
Page 54 - Privatrechts," §§29-32 ; Hugo, " Histoire du Droit Romain," trad, par Jourdan, I., pp. 58-65, 69-206; Gravina, "Origines du Droit Civil," trad, par Requier, Paris, 1822, pp. 38-126 ; Bruns, "Fontes juris Romani Antiqui," 1871, pp. 12-27 ; Schoell, " Legis XII. Tabularum reliquiae," Lipsiae, 1866 ; Dirksen, " Uebersicht der bisherigen Versuche zur Kritik und Herstellung des Textes der Zwôlf Tafel Fragmente,
Page 133 - in singulas personas," says Ulpian, "sed generaliter constituuntur " (D., i, 3, 8). The difficulty of framing laws so as to cover expressly every case that may arise is clearly set forth in the following statement of Julianus : " Neque leges neque senatus-consulta ita scribi possunt, ut omnes casus qui quandoque inciderint comprehendantur; sed sufficit ea quae plerumque accidunt contineri
Page 224 - St. Lawrence. So true it seems are the words of d'Aguesseau, that ' the grand destinies of Rome are not yet accomplished ; she reigns throughout the world by her reason, after having ceased to reign by her authority.'
Page 134 - ad similia procedere atque ita jus dicere debet " (D., I, 3, 12). But Ulpian regards this process as belonging to the legitimate function of interpretation as well as of jurisdiction, as is shown in the following passage : " Nam, ut ait Pedius, quotiens lege aliquid unum vel alterum introductum est, bona occasio est
Page 224 - it constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence upon our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction, or fall within the cognizance of the surrogate or consistorial courts.
Page 427 - Notes on the Principal Codes and Original Documents of the Grecian, Roman, Feudal, and Canon Law. Lond., 1804. Clark
Page 224 - It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean, and on the banks of the Mississippi and St. Lawrence. So true it seems are the words of d'Aguesseau, that ' the grand destinies of Rome are not yet accomplished ; she reigns throughout the world by her reason, after having ceased to reign by her authority.'
Page 72 - civile, the praetorian law was instrumental in modifying the strict rules of the old procedure and in enlarging the substantive portion of the law to meet the needs of an advancing society. It was characterized by Marcian as " viva vox juris civilis " (D. 1,1,8). Papinian says of it : " Jus praetorium est quod prsetores introduxerunt adjuvandi vel supplendi vel corrigendi juris civilis gratia, propter utilitatem publicam
Page 173 - of the pride and privileges of Rome to the genius of humanity consecrated by the religion of Christ." The legislation of Justinian was the end of ancient, and the beginning of modern, jurisprudence. " It was in this form," as Savigny says, " that the Roman law became the common law of Europe." References.—Mackenzie, " Roman Law," pp. 22-29 ; Phillimore, " Introduction to Roman Law," ch. 4 ; Gibbon,