The Digest of Justinian, Volume 2

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William Warwick Buckland
The University Press, 1909 - Roman law
 

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Page 133 - Negligence, quotes from the Digest on the Aquilian Law, a passage from Paulus, part of which may well be translated : "If a man should set fire to his stubble or his thorns, in order to burn them up, and the flames increase and spread so as to injure the corn or vines of someone else, we have to ask whether it took place through his negligence or his want of skill.
Page 101 - ... Edict 17) The repair of the wall being thus incumbent on the neighbour, it is equally true that the business of propping up the building of the owner who has a right to the servitude, during the execution of the repairs, need not be undertaken by the owner of the lower building ; if the superior [ie. dominant] owner does not care to prop his buildings up himself, he can take them down and rebuild them when the wall is restored to its previous condition. In this case too, just as in that of servitudes...
Page 389 - VOLUSIUS ]\LECIANUS (on the Rhodian Law) A petition of Eudaimon of Nicomedia to the Emperor Antoninus. Lord Emperor Antoninus : Being shipwrecked in Icaria1, we have been plundered by the taxfarmers2 who live in the Cyclades Islands. Antoninus said to Eudaimon : I am indeed lord of the world, but the Law is lord of the sea. This matter must be decided by the maritime law of the Rhodians, provided that no law of ours is opposed to it.
Page 184 - ... to pay the whole amount or only pay in proportion to their shares in the inheritance, just as if the money had been left so as to be found among the other assets ; but on the whole the proper view is that the amount which must be paid is what would be paid if the money had been found. 26 GAIUS (on the provincial Edict 7) But it is within the competence of the judge to order that something or several things included in the estate should be sold, and that the money arising from the sale should...
Page 389 - ... the accepted view is that the justice of this contribution is admitted only when, by the remedy of jettison, the interest of other owners has been looked after and the ship is safe. 1. If the mast has been cut away to save the ship with her cargo there will be a just claim to contribution. 6 JULIANUS (Digest 86) A ship caught1 by a storm, her rigging, mast and yards burnt by lightning, was driven into Hippo. Being there provided with a hasty emergency rig she sailed for Ostia and safely delivered...
Page 163 - Sabinus 14) Nobody can be compelled against his will to defend anyone else in a noxal action ; a man must, however, go without anyone whom he declines to defend, if such person is his slave ; but if the person subject to potestas is a free man, he ought to be allowed to make his own defence without further question ; 34 JULIANUS (on Urseius Ferox 4) as wherever no one is found to take up the defence of...
Page 297 - ... because he thought that he would get some recompense from the person who received it, or that the latter would be more of a friend to him, will not be able to get it back on the ground that he was carried away by a false impression. 8. Besides the above he offers some nice considerations on another question, viz. whether one who thought he was a statuliber would fail even to pass the property in money which he paid, because he gave it to the heir treating it as the heir's money instead of his...
Page 20 - ... accrue to the person. 34 JULIANUS (Digest 35) Whenever a usufruct is bequeathed to two persons in terms importing that they are to enjoy the same in alternate years, then, if the bequest is made in the words " to Titius and Maevius," it may fairly be said that it is given for the first year to Titius and then to Maevius ; but, if there are two legatees of the same name, and the words are as follows : — "I give the usufruct to the two Titii for alternate years...
Page 38 - Titius (eum), and part fall into the bare property. This is a reasonable view, as it cannot be maintained that the ground (momentum) on which a man loses his usufruct and then takes back usufruct will actually entitle the same man by accrual to any portion of what he lost, as what we hold is that a man who loses a usufruct will get nothing by accrual out of what he loses. 3. That death is one of the ways in which usufruct is lost does not admit of doubt, seeing that the right of enjoyment is put...
Page 19 - ... and where what is reserved is a right to live on the land, whether such reservation is for a definite time or for the life of the party who makes it, this is held to amount to reserving the usus. 33 PAPINIANUS (Questions 17) If the usufruct is bequeathed to Titius and the bare property to Maevius, and Titius dies in the lifetime of the testator, nothing is left in the hands of the party named heir ; indeed, this is laid down by Neratius himself. 1. It is agreed that in certain cases the usufruct...

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