Analysis of M. Ortolan's Institutes of Justinian; Including the History and Generalization of Roman Law

Analysis of M. Ortolan's Institutes of Justinian; Including the History and Generalization of Roman Law

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...was freed by one or more of them; so that if by all he would be a Roman citizen, but under that Emperor the slave was to be free and the non-consenting masters indemnified. Loss of possession, legal possession was lost by the fact when the thing ceased to be at our disposition; by the intention, when we no longer wished to possess; but absence alone did not entail the loss of possession, because it did not prevent the thing being at our free disposition. Loss of proprietas occurred when he who had it became incapable of being owner--when the thing perished or left the patrimony of man--when the ownership was transferred to another--and when the owner intentionally abandoned the thing. Servitudes. These, as regards the holder, are more or less important fractions of the right of ownership. As regards he who has to submit to them, they are modifications or alterations of the proprietas. They were called/arc because they consist in certain rights over the property of another, and servitudes because the property was as it were enslaved to them. They were divided into rerum (pradiorum) and personales, according as they tended to augment the utility of a thing or the individual advantage of a person. Several principles are common to both kinds, as that (l) they are all real rights over the property of another, (2) nemini res sua servit, (3) are to permit, or not to do, never to do, (4) sei-vitus servitutis esse non potest, (5) cannot be possessed, but a quasi-possession admitted, for those consisting in suffering. Pradial servitudes have only immoveables for their objects. They may consist in suffering or not doing, are indivisible and classified asrusticorum, i.e., those qua insolo consistunt(e.g., iter, via), and Q urbanorum, i.e., those qua in...
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Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236663233
  • 9781236663238