A Manual of Civil Law; Or, Examination in the Institutes of Justinian: Being a Translation of and Commentary on that Work, with an Introduction on the History of the Roman Law

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Patrick Cumin
V. & R. Stevens and G.S. Norton, 1854 - Roman law - 401 pages
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Page 120 - HAEC ITA UT IN HIS TABULIS CERISQUE SCRIPTA SUNT ITA DO, ITA LEGO, ITA TESTOR, ITAQUE VOS QUIRITES TESTIMON1UM MIHI PEBHIBtTOTE. et hoc dicitur nuncupatio. nuncupare est enim palam nominare; et sane quae testator specialiter in tahulis testamenti scripserit, ea videtur generali sermone nominare atque confirmare.
Page 199 - ... after his grandfather's testament is deserted by the instituted heir, become the proper heir of his grandfather. But a child both conceived and born after the death of his grandfather, could not become the proper heir, although his father should die and the testament of his grandfather be deserted, because he was never allied to his grandfather by any tie of...
Page 37 - ... of patronage. (2) The Anastasian emancipation, introduced by Anastasius. It consisted in obtaining an imperial rescript, authorizing the emancipation, which was to be registered with the proper officer. In this way a...
Page 389 - Institutes (iv. 18. 7) say this law ' inflicts punishment on any one who shall have written, sealed, read, or substituted a false testament, or any other instrument, or shall have made, cut, or impressed a false seal, knowingly and with felonious intent.
Page 168 - Let him be my heir who shall come first to my funeral," or " him who shall give his daughter in marriage to my son," or " those who after my death shall first be made consuls.
Page 279 - Culpa, an act of neglect, causing damage, but not implying an intent to injure, of which the Roman jurists recognized two ; (1) Culpa lata, cidpa latior, nmyna culpa, gross neglect treated very much like fraud ; culpa mayna dolus est, dolo próxima.
Page 273 - B. 3, t. 22) : eg, the pactum in diem addictio, an agreement by which the vendor reserves to himself the power of...
Page 313 - I challenge you to a deposit of 500 pounds of copper ; ' and the other accepted the challenge by saying, Similiter ego te. The magistrate then awarded the possession of the thing contested until a decision was pronounced to the party that appeared to have the best right to it, requiring him to furnish security that it would be forthcoming at the...
Page 104 - In order to discharge a debt, it is datio sol•L'cndi animo; when in order to receive an equivalent, to create an obligation, it is datio contrahendi animo; lastly, when made donandi animo, from mere liberality, It is a gift, dono datio. DARE -AD REMANENTIAM. To give away in fee, or forever.
Page 320 - X. mittia dai're oportere, judex Numerium Negidium Aulo Agerio sestertium X. mittia condemnato, si non paret, absolvito.* Judex esto is merely the order for the appointment of the judge, and is not, strictly speaking, a part of the formula. From

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