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Imperatoris Iustiniani Institutionum Libri Quattour (5); With Introductions, Commentary, and Excursus

Imperatoris Iustiniani Institutionum Libri Quattour (5); With Introductions, Commentary, and Excursus


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About the Book

. 1903: ... INTRODUCTION TO BOOK IV The first five Titles of this Book relate to the two classes of Obligations which have not yet been treated, namely, those which arise from Delict and quasi ex delicto. These, we are told, are all of one character: that is to say, the existence of the obligation does not depend in different cases on different 'causae, ' in the sense in which, for instance, Sale is binding so soon as the parties have agreed upon the price, while Exchange produces no vinculum iuris until there has been performance on one side; but their 'causa' is always the same, viz. a wrongful act (res), upon the commission of which the obligation at once springs into existence. Of such wrongful acts four have specific names, and are called Delicts: Theft (furtum), Robbery (rapina), Injury to property (damnum), and wilful Injury to the person or reputation (iniuria). The precise differentia of Delict, as compared with other forms of legal wrong, and the reason why some of these offences--notably Theft and Robbery--were ever treated by the Romans as civil wrongs at all, are topics upon which something is said in the commentary below. The text of the first Title deals with Theft. The definition of this, as the deliberately wrongful dealing with (moveable) property, is contrasted with our own English treatment of the offence by its width and generality. It is Theft not merely to appropriate what one knows to belong to another, but to barely use a thing of which one has undertaken the custody or which one holds in pledge, to turn what has been lent one to a use which it is not believed the lender would have sanctioned, or even to deprive another of the possession of an object which one has delivered to him as security for money owed. The Romans divide the offence into two orders, according as the delinquent is or is not detected in its commission; the penalty in the first case being a mulct of four times, in the second one of twice the value of the property stol...


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Product Details
  • ISBN-13: 9781150002076
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 266
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1150002077
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 481 gr


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