Studies in Roman Law: With Comparative Views of the Laws of France, England, and Scotland |
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Page xxvi
... witnesses , Recent changes in British law , Reference to oath , Adopted in France and Scotland , Oath in litem , Also adopted in France and Scotland , Presumptions , CHAPTER VII . OF JUDGMENTS AND THEIR EXECUTION . 330 330 331 332 332 ...
... witnesses , Recent changes in British law , Reference to oath , Adopted in France and Scotland , Oath in litem , Also adopted in France and Scotland , Presumptions , CHAPTER VII . OF JUDGMENTS AND THEIR EXECUTION . 330 330 331 332 332 ...
Page 50
... witnesses required for a testament , the proper age for legal majority , the term of years necessary for prescription , the procedure to be observed in courts of law , and a multitude of other things , are all left indifferent by the ...
... witnesses required for a testament , the proper age for legal majority , the term of years necessary for prescription , the procedure to be observed in courts of law , and a multitude of other things , are all left indifferent by the ...
Page 98
... witnesses , in which an ox was sacrificed , and a cake of wheaten bread was divided by the priest between the man and woman as an emblem of the consortium vitæ , or life in common . Coemptio was a sort of symbolical purchase of the wife ...
... witnesses , in which an ox was sacrificed , and a cake of wheaten bread was divided by the priest between the man and woman as an emblem of the consortium vitæ , or life in common . Coemptio was a sort of symbolical purchase of the wife ...
Page 105
... witnesses should be void , private marriages without the intervention of the clergy were recognised throughout Christendom . This famous decree is stigmatised by Pothier as a clerical usurpa- tion , which never had any authority in ...
... witnesses should be void , private marriages without the intervention of the clergy were recognised throughout Christendom . This famous decree is stigmatised by Pothier as a clerical usurpa- tion , which never had any authority in ...
Page 106
... witnesses , after certain public notices have been given ; and a formal instrument , called acte de mariage , is drawn up in evidence of the con- tract . This is usually followed by a religious ceremony to consecrate the union of the ...
... witnesses , after certain public notices have been given ; and a formal instrument , called acte de mariage , is drawn up in evidence of the con- tract . This is usually followed by a religious ceremony to consecrate the union of the ...
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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...