bona fidei-what it was, 55, 353 contraria tutela, 304
de communi dividendo, 166, 242, 256 de constitutâ pecuniâ, 354
de in rem verso, 156, 182, 261 de liberali causâ, 367
de peculio, 156, 182, 261
de prescriptis verbis-what it was, 56
de rationibus distrahendis, 304 exercitoria, 206, 261
ex empto, 224, 230
ex prescriptis verbis, 230, 243 ex vendito, 230
familia erciscundæ, 166, 256 finium regundorum, 166 injuriarum, 181
institoria, 261
mandati contraria, 237 directa, ibid.
negotiorum gestorum, 183, 255 noxalis-what it was, 269, 354 PAULIANA, 194, 354 pigneratitia-what it was, 218,219 pro socio, 241
PUBLICIANA, 54, 159, 163, 353, 354 quanti minoris, 227, 228
quasi SERVIANA, 354 quod jussu, 182, 206, 261
quod metus causâ, 354
receptitia, 246
redhibitoria, 227
rerum amotarum, 249
rescissoria, 163, 354
RUTILIA, 192
sacramenti, account of the, 41 SERVIANA-what it was, 54, 192,
Actio subsidiaria, 298 testamenti suppressi, 367 tributoria, 156, 201 utilis-what it was, 54, 237 utilis curationis causâ, 304 Actiones, legis, account of, 40
early Roman treatises upon, 17, 18 Actions, distribution of, 352
law relating to, 341, seq. Actor of a corporation-what he was, 122, 181
Acts, conditions for the validity of, 132
Addicere, use of term in relation to debts, 191
Addictio-what it was, ibid. (in diem)-what it was, 229 Ademptio, meaning of term as applied to legacies, 334
Adjudicatio, in the "formula"-what it was, 44
Administrator of a corporation-what he was, 181
Admiralty, Court of, account of, 454, 455 Adoption, law relating to, 275, seq. Adoptio plena-what it was, 315 Adstipulatio-what it was, 183 Adversaria-what they were, 221 Advocatus fisci-who he was, 377 Advocates, position of, in JUSTINIAN'S time, ibid.
Edile, the, account of edict of, 50, 51
Adilititian stipulations-what they
ELIUS CATUS, account of his treatise, 18
Affreightment, law relating to, 211 Age, as an element of legal person- ality, 107-109
Agency, law relating to, 235 Agnatio-what it was, 282, seq. ALARIC, "breviary" of, account of
BERYTUS, account of the legal school at, 34, 36, 394
Birth, as an element of legal person- ality, 107
Bishop's Court, account of the, 378, 379
BOLOGNA, account of university of, 423-4
Bona fidei actiones-what they were, 55, 353
BONIFACE VIII., his decretals, 432 Bonorum cessio-what it was, 180, 190, seq.
emptor-who he was, 187 sectio-what it was, 191
BRACTON, his treatise, account of, 452, 453
"Breviary" of ALARIC, accounts of the, 93
BRITTON, account of his treatise, 454 Brocarda-what they were, 424 BURGUNDIANS, account of the law of the, 94
BYZANTINE empire, the civil law in the, 392, seq.
Chivalry, Court of, account of the,
Christians, laws affecting, 113, 114 CICERO, life of, as a date in legal history, 23
bearing of his works on the history of law, 21, 23
his account of the relation of patron and client, 20 "Citations," law of-what it was, 37 Civitas, meaning of term, 116
Classification of obligations, 196, seq. CLAUDIUS, the emperor, his charac- ter as a judge, 370 Client, duties of a, 266
and patron, account of relation of,
Code of the BURGUNDIANS, 94, 95 of FREDERICK THE GREAT, account of, 459
GREGORIAN, account of the, 87 HERMOGENIAN, account of the, ibid.
of LOUISIANA, account of, 462, 463 NAPOLEON, account of the, 460, 461 of the OSTROGOTHS, 95, 96 THEODOSIAN, account of the, 88, seq.
of the VISIGOTHS, 93 Codes, the Barbarian, account of, 93, seq.
Codicils, law relating to, 338 Codification, progress of, in imperial times, 86, seq.
in EGYPT, recent, 462
in FRANCE, account of, 460, seq. in GERMANY, account of, 458, 459 in the UNITED STATES, 402 Coemptio-what it was, 278 Cognatio-what it was, 282, seq. Cognitio extraordinaria-what it was, 47, 342, 356, 368 Cognitor, the, his functions, 137 Collegia, law relating to, 119, 121 Colonus, law relating to a, 230, 259 partiarius-who was a, 231 Comites consistoriani-who they were, 375
Comitia calata, account of, 62, 63 centuriata, account of the, 65, 68, seq.
curiata, account of the, 62, seq.
its functions in adoption, 276 tributa, account of the, 62, seq. Commercio, res in, meaning of, 124 Commissoria, lex-what it was, 229 Commodatum, law relating to contract of, 217
Communes res-what they were, 124 Compensatio-what it was, 186 Compromissum-what it was, 188
Corpus Juris Canonici, account of, 432, 433
Correi-what they were, 173, 195 CORUNCANIUS, TIBERIUS, the first who professed law, 21
Court of Admiralty, account of the, 454, 455
Chancery, account of the, 454 Chivalry, account of the, 454, 455 Courts, ecclesiastical, in England, account of, 454, 456
university, in England, account of, 456
CUJAS, account of, 425, 426
Culpa, account of and degrees of, 138 Curatela-what it was, 291
bonorum distrahendorum gratiâ— what it was, 193
Curator distrahendorum bonorum- what he was, 179, 180, 193
Curatores, law relating to, 290, seq. Curia-what it was, 120
Curia, effect of presenting a child before the, 274. "Customary" provinces of FRANCE
-what they were, 435, 436 Customs (French), codification of, 439
Damni infecti, proceedings in action called, 181
Damnosa hereditas-what it was, 329 Dativus tutor-who he was, 292 Debts, transfer of, law regulating, 189, 190
Decemviri stlitibus judicandis-who they were, 42
Decree-what it was in canon law, 427
Decrees, imperial, account of the, 81 Decretal epistle-what it was, 427 Decretum of GRATIAN, account of, 429-32
Decurio, legitimising effect of under-
taking the functions of a, 274 Decuriones-what they were, 120 Defensor civitatis-who he was, 374 Degrees of relationship, mode of reckoning, 283
Delicta, law relating to, 246
Delivery, its place in the contract of
Directæ actiones-what they were, 353 Diribitores-who they were, 72 Discount, law relating to, 172 Distinctiones-what they were in canon law, 430
Divini juris, res-what they were, 124 Divorce, law relating to, 285, seq. Dolus malus, as affecting legal capa-
city, 134 Domicile, law of, 116
Dominium-what it was, 147, 148, 258 import of legal term, 147, 148 Donatio mortis causá-what it was, 335 propter nuptias, law relating to, 289
Dos, account of, 154, 155 law relating to, 287 adventitia-what it was, ibid. profectitia-what it was, ibid. receptitia-what it was, ibid. Dotalia instrumenta-what they were, 278
Dower, account of, 154, 155 Droit écrit and droit coutumier, account of, 434, seq.
DUCK, ARTHUR, his treatise, 433, 436, 445
Dupli stipulatio-what it was, 228 Duplicatio-what it was, 350 Duumviri-who they were, 374
Ecclesiastical courts in England, account of, 454, 456
in JUSTINIAN'S time, 378, 379 Ecloga-what was the, 396 Edict, the Ædile's, account of, 50 account of the imperial, 80 the prætor's, account of, 51
of THEODORIC, account of the, 95, 96
Edictum Carbonianum-what it was, 362
Editio instrumentorum-what it was, 386
Education, legal, JUSTINIAN'S re- forms of, 394
in JUSTINIAN'S time, 36, 102, seq. EGYPT, account of recent codifica- tion in, 462
Emphyteusis, account of right called, 152, 153
law relating to contract of, 243 Emptio venditio, law relating to con- tract of, 223
ENGLAND, account of civil law in, 443, seq.
Entrance on inheritance, law relating to, 328, seq.
Epanagoge, BASIL's, account of, 398 Episcopalis audientia-what it was, 378 Eviction-law relating to, 226 Evidence, law of, in JUSTINIAN'S time, 383, seq.
Exarchate of RAVENNA, as a seat of JUSTINIAN'S law, 419 Exceptio, what it was, 350 "Exceptions," as defences to actions, 56
Exercitores, law relating to, 210, 257 Existimatio (reputation), as an ele- ment of personality, 111, seq. Expensilatio-what it was, 221 Extraordinaria cognitio-what it was 47, 342, 356, 368
Extravagantes (in canon law)—what they were, 433
Factum, actiones in-what they were,
Falcidian law-what it was, 335 Falcidia portio-what it was, ibid. "False decretals," the, account of, 428
Fatalis dies-what it was, 391 Father, historical account of his parental rights, 268 Fictitious or artificial persons, law relating to, 118, seq. Fideicommissa, law relating to, 336, seq., 366
Fidejussio, law relating to, 220 Fiduciary guardianship-what it was, 294
FLAVIUS, LUCIUS, his publication of Actiones legis, 17
Force, as affecting legal capacity, 134 Formula, the-what it was, 44, 371 Formula, classification of, 351 Formulary system, the-what it was, 44, 347, seq., 371
FORTESCUE on the civil and the common law, 450, 455, 456 FRANCE, account of the civil law in, 434
account of codification in, 460, seq. Fraud, as affecting legal capacity, 134 Freedman, law relating to a, 259, seq. FREDERICK THE GREAT'S code,
HADRIAN, his rescript as to the juris- consults, 26
HARMENOPULUS' Hexabiblus-what it was, 402, 403
his Promptuarium, 403, 405 Hereditas damnosa-what it was, 329 Heres necessarius-who he was, 324 Heretics, laws affecting, 115 HERMOGENIAN code, account of the, 87
Hexabiblus HARMENOPULI, account of the, 402, 403
HOLLAND, influence of Roman law in, 457
Honoraria actiones-what they were, 353
HUMANISTS-who they were, 426 Husband and wife, law relating to, 276, seq.
law relating to property of, 178. Hypotheca, the right of, in relation to ownership, 153
Ignorance of fact and of law, effect of, 133
Illustres, meaning of terms, 372, 374, 375 Immovable
Imperium-what was the, 46
Incestuous marriages, law relating to, 285
Incorporeal "things" — what they
Infamy, penalty of, when it attached, 56, 112, 113, 192 Infants, their incapacities, 132 Infancy, limit of period of, 108 Injuria, law relating to, 253 Inofficiosum testamentum, conse- quences and nature of a, 113, 266, 326
Insinuatio-what it was, 165 Insolvency, law relating to, 179 Institutes of GAIUS, discovery of, 30 JUSTINIAN, account of the, 100 Instrumenta domus-what they were, 128
dotalia-what they were, 278 Instrumentum fundi-what it was,
Insurance contracts, law relating to, 213, 214
Interdictum, account of the, 47, 356, seq. Intentio, the, of a
"formula"--what
it was, 44 Interdictum fraudatorium, 194 de homine libero exhibendo, 358 de liberis exhibendis, 358 de migrando, 232
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