The Digest of Justinian, Volume 1

Front Cover
Alan Watson
University of Pennsylvania Press, 1998 - History - 1536 pages
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Emperor Justinian’s remarkable collection of law stands as a monument to reason and organization. It is true that Justinian did not initiate the concept of rule of law, nor did he promulgate ... Read full review

Contents

Preface to the Paperback Edition xxi
BOOK
BOOK FORTYSIX
Glossary xxvii
HeadingsTitles xli
The Composition of the Digest xliii
The Whole Body of Law xlvii
The Confirmation of the Digest liii
Religious Things Funeral Expenses and the Right To Conduct Funerals
Burying the Dead and Building Tombs
BOOK TWELVE 1 Things Credited Giving Rise to Fixed Claims and the Condictio
Voluntary Compulsory and Judicial Oaths
Oaths as to the Value in Issue
The Condictio for Nonreciprocation
The Condictio for Immoral or Illegal Payments
The Condictio for Money Not Owed 7 The Condictio for No Fixed Cause

Sureties and Mandators 2 Novations and Delegations 3 Performances and Releases 4 Formal Releases 5 Praetorian Stipulations
The Ancient Writers bcxiii
Tax Farmers Vectigalia and Confiscations
VOLUME 1
The Origin of the Law and All the Magistracies and the Succession of the Jurists 3 Statutes Senatus Consulta and LongEstablished Custom
Enactments by Emperors
Human Status
Those Who Are Sui Juris and Those Who Are Alieni Juris
Adoptions and Emancipations and the Other Forms of Release from Power
Things Subdivided and Qualitatively Analyzed
Senators
Duties of Consul
Duties of Prefect of the Praetorian Guard 12 Duties of Prefect of the City
Duties of Quaestor 14 Duties of Praetors
Duties of Prefect of the City Guard 16 Duties of Proconsul and of Legate
Duties of Prefect of Egypt 18 Duties of Governor
Duties of Imperial Procurator or Rationalis
Duties of the Juridicus 21 Duties of One to Whom Jurisdiction Is Delegated
Duties of Assessors
The Administration of Justice
The Same Rule Which Anyone Maintains against Another Is To Be Applied to
If Anyone Should Not Obey One Who Administers Justice
Peculium Castrense
Summoning to Court
If Anyone Summoned to Court Does Not Appear or If Anyone Has Summoned One Whom in Accordance with the Edict He Ought Not To Have Su...
Those Who Are Compelled To Give Security or Promise by Oath or Who Are Liable under Their Own Promise
How Provision for a Guarantee May Be Made Where a Noxal Action Is Brought
One Who Prevents Another Appearing in Court
If Anyone Does Not Honor a Promise Given on Account of Appearance in Court
Holidays Adjournments and Various Other Times
Formal Pronouncements
Pacts
Transactions
BOOK THREE 1 Applications to the Magistrate
Persons Incurring Infamia
Veterans
Procurators and Defenders
Actions in the Name of or against Any Corporate Body
Unauthorized Administration
Vexatious Litigants
BOOK FOUR 1 Restitutiones in Integrum
Acts Done under Duress
Praelegatum of a Dowry
Malice or Fraud
Persons under Twentyfive
Change of Civil Status
The Grounds on Which Those over Twentyfive Obtain Restitutio in Integrum
Transfers Made in Order To Change the Condition of an Action
Matters Referred to Arbitration and Those Who Have Undertaken To Arbitrate in Order To Make an Award
Let Seamen Innkeepers and Stablekeepers Restore What They Have Received
Where a Man Should Sue and Be Sued
The Carbonian Edict
The Undutiftil Will 3 The Claim for an Inheritance
Manumissions Vindicta
Claims for Part of an Inheritance
Possessory Claims for an Inheritance 6 Claims for an Inheritance Based on a Fideicommissum
BOOK SIX 1 Vindtcalio of Property
To Allow Navigation in a Public River 15 BuildingUp a Bank 16 Force and Armed Force 17 The Possession of Land 18 Superficies
The Publician Action In
Where the Action is for Vectigalian That Is Emphyteutic Land
BOOK SEVEN 1 Usufruct and the Way in Which a Man May Exercise
Private Right of Way in Person and with Cattle 20 Daily and Summer Water 21 Watercourses 22 Springs 23 Drains 24 Against Force or Stealth
The Services of Freedmen
The Right to Gold Rings
The Accrual of Usufruct
When the Legacy of a Usufruct Vests 4 The Ways in Which a Usufruct or a Right of Use Is Lost
The Usufruct of Things Which Are Consumed or Diminished by
The Actions for Claiming a Usufruct or Denying That Another Has a Right to
The Services of Slaves
The Right of Use and the Right of Habitation
The Way in Which a Usufructuary Should Give Security
BOOK EIGHT 1 Servitudes
Urban Praedial Servitudes
Rustic Praedial Servitudes
Rules Common to Both Rustic and Urban Estates
Where an Action Is Brought To Recover a Servitude or To Contest Anothers Right to
How Servitudes Are Lost
Withdrawal of Notice 26 Precarium
BOOK NINE 1 If a Fourfooted Animal Is Alleged To Have Committed Pauperies
The Lex Aquilia
Those Who Pour or Throw Things out of Buildings
Felling Trees 28 Gathering Acorns 29 Production of a Freeman
Noxal Actions
The Action for Regulating Boundaries
The Action for Dividing an Inheritance
The Action for Dividing Common Property
The Action for Production
BOOK ELEVEN 1 Interrogations before the Magistrate and Interrogatory Actions
What Matters May Be Taken to the Same Judge 3 The Action for Making a Slave Worse
Runaway Slaves
Gamblers
If a Surveyor Gives a False Report about Measurements
BOOK THIRTEEN 1 The Condictio for Theft
The Condictio under Statute 3 The Condictio for Fixed Quantities
Where the Obligation Is To Give at a Fixed Place
The Constitutum of Money
The Actions for and against the Lender
The Actions for and against the Pledgee
BOOK FOURTEEN
The Action against the Shipowner
The Rhodian Law of Jettison
The Action for the Business Managers Conduct
The Action for Distribution
Transactions Allegedly Effected with a Person in the Power of Another
The Peculium
The Action on the Peculium Which Prescribes in One Year
Authorized Transactions
The Senatus Consultum Macedonianum
SetOff
BOOK SEVENTEEN
Partnership
BOOK EIGHTEEN
In Diem Addictio
Rescission of a Sale and the Circumstances in Which a Purchase May
BOOK NINETEEN
Lease and Hire
That the Property of Pupillus or a Youth Be Intact 7 That a Judgment Be Performed
Moving
The Action for Brokerage
Formation and Terms of Pignus and Hypotheca
Implied Pignus or Hypotheca
Defenses Praescriptiones Prejudgments 2 The Defense of Res Judicata 3 The Various Periods of Praescriptiones and the Accession of Possession 4 Th...
Sale of Property Subject to Pign us or Hypotkeca
Private Delicts
Evictions and the Stipulation for Double the Price
Thefts 3 Incorporated Material 4 A Slave Directed in the Will To Become Free Is Alleged To Have Stolen or Destroyed Something after the Death of ...
The Defense That the Thing Has Been Sold and Delivered
Transmarine Loans
Documentary Evidence and Loss of Documents
Mistake of Law and Fact
Appeals and Referrals
The Law of Dowry
Freedmens Property
Dotal Pacts
BOOK TWENTYFOUR
The Degrees of Relatives and Their Names
Divorces and Repudiations
Expenses Incurred in Connection with Dotal Property
The Action for Property Unlawfully Removed
The Recognition and Maintenance of Children Parents Patrons and Freedmen
Succession to Veterans and Soldiers
The Examination of Pregnant Women and the Observation of Delivery
Where a Woman Is Placed in Possession on behalf of Her Unborn Child and This Possession Is Said To Have Been Fraudulently Transferred to Anot...
Where A Woman Is Said To Have Obtained Possession on behalf of Her Unborn Child by a False Statement
Concubines
BOOK TWENTYSIX 1 Tutelages
Testamentary Tutelage
The Confirmation in Office of a Tutor or Curator
Statutory Tutors
Tutors and Curators Appointed by Those Who Have the Power of Appointment Who May Be Appointed Special Cases
Those Who Request Tutors and When They Are To Be Requested
Management by Tutors and Curators and Their Liability The Question Whether They Act or Not Suits by or against One or
The Suit for Freedom
The Authority and Consent of Tutors and Curators
When There Is an Actio in Factum between Minores and a Tutor or Curator
Untrustworthy Tutors and Curators
BOOK TWENTYSEVEN
Excuses
Release by Will
Where the Pupillus Ought To Be Brought Up and Reside and the Provision of Maintenance for
The Actions on Tutelage and for Liquidation of Accounts and the Actio Utilis for Curatorship
The Actio Contraria of Tutelage and the Actio Utilis
One Who Acts Unasked as a Tutor or Curator
What Is Alleged To Have Been Done on the Authority of a Supposed Tutor
Tutors and Curators Verbal Guarantors Nominators and Heirs
Suits against Magistrates
The Property of Those in Tutelage or Care When There Is No Order for Sale or Exchange
Curators Appointed for Lunatics and Others over
Those Who Can Make Wills and How Wills Are Made
A Will Which Has Not Been Lawfully Made or Which Has Been Broken
The Institution of Heirs
Conditions Particularizations Explanations for and Modalities of Provisions
Normal and Pupillary Substitution
Conditions on Institutions
BOOK TWENTYNINE
The Senatus Consultum Trebellianum
Taking Up or Failing To Take Up an Inheritance
How Wills Are Opened Inspected and Copied
Men Debarred from Proclaiming Freedom
The Senatus Consultum SUanianum and the Senatus Consultum Claudianum
Judgment and the Effect of Judicial Decisions and Interlocutory
If a Person Has Prohibited Someone from Making a Will or Has Compelled
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About the author (1998)

Alan Watson is the Ernest P. Rogers Professor and Distinguished Research Professor at the University of Georgia Law School. He is the author of Failures of the Legal Imagination, Slave Law in the Americas, International Law in Archaic Rome, and Roman Slave Law, the last two available from Johns Hopkins.

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