1.6.5 The Institutes The Novels Concluding Remarks The Second Life or Roman Law: A Brief Overview...
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1 Contents 1 Sources and Historical Development of Roman Law Divisions of Roman Legal History The Legal System of Archaic Rome Historical and Constitutional Background The Customary Origins of Roman Law The Law of the Twelve Tables and the Rise of Legislation The Role of Pontifical Jurisprudence Legal Development During the Late Republic Historical and Constitutional Background Legislation The Development of Magisterial Law-Making The Growth of Legal Science Law in the Age of Empire Historical and Constitutional Background The Demise of Popular Legislation The Consolidation of Magisterial Law Senatorial Law-Making Imperial Legislation The Culmination of Roman Legal Science Legal Development in the Later Imperial Era Historical and Constitutional Background The Emperor as a Law-Maker The Law of the Jurists Custom and the Rise of Vulgar Law The Codification of Justinian Historical Background The Goals of Justinian s Legislative Programme The Code The Digest xi
2 xii Contents The Institutes The Novels Concluding Remarks The Second Life or Roman Law: A Brief Overview The Law of Persons Introductory Status and Capacities of a Person The Institution of Slavery Free-Born Roman Citizens Family Relationship Capitis Deminutio Marriage The Betrothal Requirements for a Valid Marriage Forms of Marriage: Cum Manu and Sine Manu Matters Relating to Matrimonial Property: Dos and Donatio Propter Nuptias Dissolution of Marriage Guardianship and Curatorship Tutela Impuberum Tutela Mulierum Curatorship The Law of Property Introductory Definition and Classification of Res Res in Nostro Patrimonio and Res Extra Nostrum Patrimonium Res Corporales and Res Incorporales Res Mancipi and Res Nec Mancipi Res Mobiles and Res Immobiles Other Classifications of Res Real and Personal Actions and Rights Ownership Forms of Ownership Acquisition of Ownership Protection of Ownership Limitations on Ownership Joint Ownership Possession Acquisition, Maintenance and Loss of Possession Protection of Possession
3 Contents xiii 3.5 Servitudes Praedial Servitudes Personal Servitudes Constitution of Servitudes Protection of Servitudes Termination of Servitudes Emphyteusis and Superficies Emphyteusis Superficies Real Security Fiducia Pignus Hypotheca Termination of Real Security The Law of Obligations Introductory The Nature of Obligations Sources and Classifications of Obligations Obligations Arising from Contracts Content and Classification of Contracts Formation of a Valid Contract Defects in Agreement Conditions and Terms in Contracts Contractual Liability Representation Contractual Agreements in Favour of a Third Party Contractual Agreements Involving More Than One Debtor and/or Creditor Breach of Contract Real Contracts Mutuum Commodatum Depositum Pignus Verbal Contracts Stipulatio Literal Contracts Consensual Contracts Emptio Venditio Locatio Conductio Societas Mandatum
4 xiv Contents 4.8 Quasi-Contracts Negotiorum Gestio Solutio Indebiti Other Quasi-Contractual Condictiones Other Types of Contractual Relationship Contractus Innominati Pacta Donation Suretyship Obligations Arising from Delicts Furtum Rapina Damnum Iniuria Datum Iniuria Quasi-Delicts Iudex Qui Litem Suam Facit Res Deiectae Vel Effusae Res Suspensae Vel Positae Nauta, Caupo, Stabularius Other Forms of Delict Praetorian Delicts Noxal Liability Termination of Obligations Performance Release Set-Off Merger Novation Delegation Cession Further Modes by Which Obligations Were Extinguished The Law of Succession Introductory Intestate Succession Intestate Succession Under the Law of the Twelve Tables Praetorian Intestate Succession Intestate Succession in Justinian s Law Testamentary Succession Early Forms of Will Testamentum Tripertitum Extraordinary Wills Testamenti Factio Institution of Heirs
5 Contents xv Substitution Disinheritance Querela Inofficiosi Testamenti Invalidity and Revocation of a Will Codicil Acquisition and Administration of the Inheritance Acceptance of the Inheritance Separatio Bonorum Beneficium Inventarii Co-heirs Collatio Bonorum Remedies of the Heir Legacy Restrictions on Legacies Remedies of the Legatee Fideicommissum Donatio Mortis Causa The Law of Actions Introductory The Legis Actio Procedure The Formulary System The Course of the Formulary Procedure Extraordinary Praetorian Remedies Civil Procedure in the Principate Era The Formulary Procedure The Cognitio Extraordinaria Civil Procedure in the Late Imperial Age Resolving Private Disputes Through Arbitration Bibliography Index
6
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