de Jure Personarum, Or, a Treatise on the Roman Law of Persons; Intended for Students Preparing for Examination

de Jure Personarum, Or, a Treatise on the Roman Law of Persons; Intended for Students Preparing for Examination

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...the power of the testator could be a witness to his testament;7 and descendants in the power of the deceased at the time of his death were called sui et necessarii heredes, because they were family heirs who, even in the lifetime of their father, were considered owners of the inheritance in a certain degree, and became heirs whether they wished it or no, that is, without any option as to accepting or refusing the inheritance until the Praetor interfered to relieve them of the burden." But whereas the dominica potestas was an institution derived from the jus gentium, the patria potestas was more peculiar to the jus civile of the Romans." By the law of nature the parental power over children--to the extent at least of directing their education and administering moderate correction--is common to both parents; but by the jus civile it was confined to the father, the mother having no power over her children, whether begotten in lawful marriage or otherwise. The foundation of par'/1"ia 90test(ls was the dominium Quiritarium, or that domvlnium which Roman citizens could alone exercise; and hence it was, as we shall presently see, that the loss of citizenship by a PLI/te'I: fl1,77bilil(1, s involved also the loss of his potestas; because, says Gains, "it is not in accordance with the " analogy of our law, that a man who has the legal status " of a peregmnus should hold a Roman citizen under his " potestas."1 The institution of this power is ascribed by Dionysius Halicarnassus to Romulusf and Papinian also refers its origin to a lea: regia;3 but Ulpian speaks of a customary right of potestas: nam cum jus potestatis MORIBUS sit 1eceptum.' It is clear at all events that patria more

Product details

  • Paperback | 108 pages
  • 189 x 246 x 6mm | 209g
  • United States
  • English
  • black & white illustrations
  • 1236896610
  • 9781236896612