Studies in Roman Law: With Comparative Views of the Laws of France, England, and Scotland |
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Page 59
... parties , but not on the states that decline to accede to them . To settle disputes between nations on the principles of jus- tice , rather than leave them to the blind arbitrament of war , is the primary object of the European law of ...
... parties , but not on the states that decline to accede to them . To settle disputes between nations on the principles of jus- tice , rather than leave them to the blind arbitrament of war , is the primary object of the European law of ...
Page 60
... parties in such a war may be dealt with by other powers as if they were two separate communities , and such other powers may take part with one side or the other , according to their sympathies and interests , just as they might in a ...
... parties in such a war may be dealt with by other powers as if they were two separate communities , and such other powers may take part with one side or the other , according to their sympathies and interests , just as they might in a ...
Page 64
... parties to the treaty . So it is compe- tent by agreement to declare the goods of an enemy on board the ship of a friend to be free . 2 That a belligerent is entitled to seize an enemy's goods on board a neutral vessel was long an ...
... parties to the treaty . So it is compe- tent by agreement to declare the goods of an enemy on board the ship of a friend to be free . 2 That a belligerent is entitled to seize an enemy's goods on board a neutral vessel was long an ...
Page 97
... parties had the capacity to enter into a lawful marriage , carrying along with it the paternal power , and other civil rights ; and originally this was strictly confined to Roman citizens , or those to whom the jus connubii was conceded ...
... parties had the capacity to enter into a lawful marriage , carrying along with it the paternal power , and other civil rights ; and originally this was strictly confined to Roman citizens , or those to whom the jus connubii was conceded ...
Page 99
... parties . As a general rule no writing of any contracted . kind was necessary ; but when the spouses were of unequal condition , it became customary to draw up a marriage - contract , in order to rebut the presumption of concubinage ...
... parties . As a general rule no writing of any contracted . kind was necessary ; but when the spouses were of unequal condition , it became customary to draw up a marriage - contract , in order to rebut the presumption of concubinage ...
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Common terms and phrases
according acquired action adopted adultery agnates ancient ascendants belong brothers and sisters called child Cicero civil law claim Code Civil concubinage consent constitution contract corporation court creditor criminal curator death debt debtor deceased decemviral declared descendants divorce Droit edict emancipated emperor emphyteusis empire English entitled Ersk father France Fresquet guardian heir husband Institutes intestate judex judicial juris jurisprudence jurists Justinian land law of England law of France law of Scotland legacy legatee legitim liable Mackeldey magistrate Marezoll marriage married Maynz minor mother movables natural obligation offences Ortolan owner Pandects Papinian parties paternal power personal estate possession Pothier prætor prætorian prescription principle proprietor punishment regards relations Roman citizen Roman law Rome rule Sect senate servitudes slaves St Leonards's statute succeed succession sui juris testament testator things tion Tribonian tutor Twelve Tables Ulpian usufruct Vict wife writing
Popular passages
Page 263 - It shall be signed at the foot or end thereof, by the testator or by some other person in his presence, and by his direction, and such signature shall be made or acknowledged by the testator, in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator and of each other but no form of attestation shall be necessary.
Page 282 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 263 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 208 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
Page 378 - It is a melancholy truth, that among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared by act of parliament^) to be felonies without benefit of clergy; or, in other words, to be worthy of instant death.
Page 223 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 65 - ... 1. Privateering is and remains abolished; 2. The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 22 - In the space of ten centuries the infinite variety of laws and legal opinions had filled many thousand volumes, which no fortune could purchase and no capacity could digest. Books could not easily be found; and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion.
Page 43 - The Roman law forms no rule, binding in itself, upon the subjects of these realms; but, in deciding a case upon principle, where no direct authority can be cited from our books, it affords no small evidence of the soundness of the conclusion at which we have arrived, if it proves to be supported by that law, the fruit of the researches of the most learned men, the collective wisdom of ages and the groundwork of the municipal law of most of the countries in Europe.
Page 281 - That where any person being a child or other issue of the testator to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator leaving issue, and any such issue of such person shall...