The Institutes of Justinian

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TINE VIT. 23tahe the inheritanc civit o praetorian we have oven to suchchil or hildre the succession to thei parenta, to the exclusionis every patron an his issue. Is howeve the leaven children, an die intestate, e have calle the patron orpatrones to their hole inheritance: hile is the mali a Nili, passing ove thei patron o patroness, an leavis nochilaren, or harin disinherite suc a the have, or minposing them tot mother o maternat grandiathers having passed them ove without leavin them the right to impe hste testamen as unduteous, then, underisu constitution the patron stat succeed by possession against the wili, not as fore, to one-hais os the Deedman' estate, but to one-third, or,

man o Deed oman ali of hic are toriali omine patron' co- heirs. In the fame constitution e have gathere together the rules applyin to any ther cases, hic We deemed necessar so the complete setilement of this branch of law:sor instance, a litterio the successionis reedmen is conserred novonly on patrons an patronesses, but o thei children and

collatera relative to the fifth degree: al os,hic may be

certained by reserence to the constitution itaeis Is however, there are severa descendant of a Patron o patroness, oris tW or severat, inemearest in degree is to tali the successionis

sor deditiosi and Latini ueniani havini en together abolished

there are no no thera Asrio a statutor right os succession to a Latin there neve was any such thing sor me os

this class, though durin iis the live a sine, et a theydris thei las breat the lost thei liberi Hon with theirlise, an unde therae Junia thei manumittere ept their properiri liis that os flaves, asinain os peculium. It was

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Ia BOOK III. subsequently provide by the C. Largianum that the manumittes children, unies expressi disinherited shouldie Pre- serre to his externa heim in succession to the good os a Latin and this a sollowed by the edictis the Emperor Trajan providin that a Latin ho contrived, ithout theknowledge or consent of his patron to obtain is imperialsavour a grant os citigenship should live a citieten, butii a Latin Owinchoweve to the dissiculties accompanying th echanges os condition, and ther a well, we have determinis hyiu constitution to repea sor me therae Junia, the C. Largianum, and the edictis Trajan, an to abolisti thematon with in Latin themselves, o acto enable ali reecl-men to erio the citigenshipis Rome and we have convertis in a Wonde ut anne in modes in hic person came Latins With some additions into modes os attaining RomancilietenshiP.

void, is the parent subsequently mancipales th MSignee pand the amrmative opinion, hic was hel by Juliari ancla many thers, has no become setile la It is immaterial

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in the time os Claudius, hen Suillus usus an Ostorius

O POSSESSION O GOODS. The lamas to the possession o good was introduce hyste praetor hy way os amending the olde system, and this no oni in intestate succession, as has been described, ut also in cases here deceased persons have made a Will. Forinstance, although the posthum s chil os a stranger, is institute heir, could o by the civi la enter po the inheritance, hecause his institution Ouidie invalid he could Wit the assistance of the praetoris made possessor of the modiis the praetorian law. Such aine Canio , hΟweVer, Diu constitutioni lawsuli instituted asiein no longerunrecomised by the civi lam Sometimes howeve the 1 praetor promise the possessionis mod rather in confirmationis the olde law than sor the pur se os correctin or impugning it as, o instance, When e gives possession in accordance it a dul execute Wil to thos who have been institute heir therein Again, he calis amit heim anclamates to the possessioni goodsi an intesta and et, en uitin aside the possession os mods, the inheritance long to thematready by the civi law. hose homine a

praetor calicto a succession domo hecome heir in the eyeos iam so the praetor cannot mali an heir, ecaus Per-wnc come heimina statute only, o some simila ordinances his a senatusconsul or an imperia constitution huias the praetor tve them the possession os mod they come quasi heira, and are called possessor os modS.'

An severa additiona grades os grantis os possession ere recomised by the praetor in his anxiet that no onemio die inithout a successor the right os entering umna inheritance, hic ha been confine by the statute os theawelve abies lini ver narro limiis harin Men

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possessionis mous Firet, thera cassed ' contrata lar possession give in chilore in are meretnpasse ove in thewili. Second that hic the praetor promise to ali dulyinstitute heira, and whic is so that reason called -- cundum fabulas Then, havin spolien os,ilis, in praetor passes on to cases os intestacy, in Which, firstly h gives the possession os mods hic is calle tinde liberi to iamilyheir and thos in in his dictore ranis a suCh. ilin these, he ives it secondiri to successors havin astatuto 'ille thimly, to the te person Whom h preserredis the manumitteris a sine person, is a strange in relationto the lalter, namely the lalter' father an mother, grand- parent paterna an maternat, children, grandchildren hydaureter a weli as by sons, and brothere and sister Whether

of the whole oris the halsilood only. M sourthraegre os Possession is that ove to the neares cognates the fifth is that calle rum quam ex familia in siκth, that given to the patron and patroness, thei childre an parent : the seventa, that ove to the hvsband o wise of the deceased 'he eight that given to the cognates of the manumitter Such was the system est lished by the praetoria jurisdiction. e however, Who have been carem to passive nothing, but correctat desecta nou constitutions have retianed, a necema , in possession o good calle contra sabulas an secum

dum uisulas, an also the kind os possession um intestacyknown as unde liberi and unde legitimi he possession how5 ever hic in the praetor's Edici occupie the fifth place, and

was calle unde decem personae, e have it benevolent intentions and with a shortareatmentishown to be superfluous. It effect was to preser to the extraneous manumitte in tenperson specifie a ve; ut our constitution, hich, have made concerning the emancipation os children, has in ali se made the parent implicitly the manumitter, as previ styunde a fiducia montraci, an has attache this privilem tomery Such manumission, o as in rende superfluous theasoresaid in os possession os in s. e me herescire remove it, an put in iis place the possession hic the

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thus made the fifth En instead os the fixth. The possessionios mod whic formerinstoo sevent in the list, hic Wascalle ,- quam ex familia, and that hic stood ioth,

mely the possession entilleffunde liberipat nipatrona ueetparensae eorum, me have altogether suppresse by our constitution respecting the right os patrons For, harin assimilared the succession o Deedmen to the succession o Dee-bom persons, wit this sole exception-in orde to preservemme difference etwem the wo classes-tha no ne has

annutis to the semer horis relate more distantinina thefiis Wree me have est them sussicient remedies in the contrat utar possession an in hos calle tinde iam mi and undae comaei, here it to vindioate thei rictis, so thatthus est the subiteties an inextricabie confusionis these two End os possessionis moes have been abolished. e haves preserveci in sui sore another possessionis mods, hic is calle vinde is et uxor, and whic occupie the nint placein the old classification, an have gium it chigher place, namely the rixtiu he tent hinci, hic was calle vindecumati manumissoris, e have ver properi abolished forreasons hic have been Uready state&: thus leaving in ullo ration oni fix ordinar kind of possession o goods. The eventh, hic sollows them, Was introduce&wit mostraeXcellent reason by the praetore, hos Edici finalty promised

the possessionis good to thos person expressi entille tot by an statute, senatusconsult, or imperia constitution but his a no permanenti incorporate by the praetor With ither the intestate or the testamenta ruinos os possession, but was accorde by him, a circumstances demanded,

as an extrem an extraordinar remed to thos persons in claim, ister unde a Wil oris an intesta , under Statutes, senatusconsulis, o the more recent legislation os

the emperors. The praetor, having thus introduce many land of successions an arrange them in a system fixeria definite time within hic the possessionis mod mustae applied sor, a there are osten severa person entitie in the fame in os succession though relate in disserent Myees to the deceased in orde to save in creditor es

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1a BOOM LITthe estate rom dela in thei sulis, an to provide them it a prope defendant to sue and with the object also osmahincit les eas for them to obtain possessionis the properi os in deceased a in bankrupi , herein the consulte their own Qvantam nly. e allo e to childrenandisarenis, adoptive nocies than naturat, an interva os a year, an to est ther persons ne hundred clays, istin 10 whic to mali the application. Is a person entitie cloes notappi so the possessionis mod within the time specifled,

his portio me is accrual to thos in the fame degre orclas with himself or is there be none, the praetor promismis his successor edici in possession to thos in the neri degree, exacti ascis the person in the preceding one erenon-existent. Is any one resuses the possession os modswhic he has the opportuni is accepting, it is no usual towait unti in asoresai intervat withim hic possessio mustbe applied sor has lapsed hut the extraegre is admitted 11 immediately unde the fame edic In rechoning the intervat,oni inose M are considereo umn hic the persons 12 entille could have made application. artier Emperor ho ever, have judici sty provide that no ne nee troublehimself expressi to appl so the possession o moris, butthat, is he hall,ithin the rescribe time in an manner have signifie his intention to accepi, he hal have in suli benefit os such tacit acceptance. ΤITLE X. o ACQUISITIO BY ADROGAΤΙΟΝ. Τhere is another hin os universa succession hic o estis introductio netine to the statute of the welve Tabies nor to the praetor's dici, ut to the law hic is hasta

Lupo custo an consent. When an independent person

oves himself in adrogation, at his proper , corporea and incorporeat, an ali debis due olim formerly passe in ullo nemhi to the adrogator, except Such right as are X- tinguished by los os status, sor instance, bounde services os Beedmen and right os agnation. se an usus ct thoughsormerly enumerate among such rictis, have no been med

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NTLES LX T. 129 Gur constitution Dom extinction is the least lossis status. But, have no confine acquisition is adrogation ithina the fame limit as acquisition through thei childre is natura parenis that is o say, adoptive as et a naturalparent acquirem greater right in properi Whic comes tochilare in thei power rom any intraneous Aoum than mere usuisuci the o nerahi belong to the childreminem-selves. ut is a son ho has Men adrogate dies in his adoptive family the whole os his properi vest in the -- rogator, festin thos persons ho, under our constitution, Me preserreo to the sather in succession to propertWwhichris no acquired immediately Dominim Conversely, the adrogator 3 is not, is strici law su te so the debis os his adoptive son, but an actio ma be brought against him as his representativae; and is he declines to desen the lauer, the creditor are

the Emperor arcus Which provideo that is flaves, who have receivedo equest o liberi hominei master in a Willunder whichio heir takes, wis to have his property adjudgedis them in orde that effect a b ove to the gis offreedom, thei application hallis entertaineo. Such is thera substanc os a rescript adclresse by the Emperoriarcusis opilius Rufus, hic runs a sollows: Hs there is nosuccessor is tali on the intestacros Virginius Valens, Who byhis illias conferre Deedomi certainis his flaves, an is, e sequently his properi is in ange os ein sold, themagistrate ho has cognisance os suc matters Ahalnon application enteriain ou destre to have the propere adjudgedt y , in orde to give effect to the equest os liber ,

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you Deedmen, an is they, hos status is now in question, agre to this, we are ready to auctoris compliance Wit mur

shes And est the benefit afforde by this ur rescripthe rendere ineffectual in anothe way by the wasu layin cliam to the property becit here, nown to thoseengam in ur service that in cause os liberi is to hepreserre to pecuniar aduantam, and that the must soeffect such seigures acto preserve in Deedom of those hocould have obtesne it ad the inheritance been accepted unde the wili.' his rescript was a benefit nolint in flaves thus liberared, but also to the deceased testator themselves, hy saving thei properi Dom)ein selete an sold by their creditor sor it is certain that such seigure and sale cannottali placeris the propen hac en adjudged ominis account, cause ome ne has come or ard to desen the deceased, an a satisfactor defende too who oves the creditor suli 3 securit soro ment. Primarily the rescript is applicableoninwhere Deedom is conferre by a Wili. How then illthe case stand is a man who dies intestate mines gist os seeedom by codiciis, and o the intestac no ne accepisthe inheritance answer, that theloon conserret by the constitutio ought notinere t be resused Nomne caniouhtinat liberi given, in codiciis, is a man who dies haring madem ill is effectual. The term os in constitut1on howinat it comes into application hen there is no successoron an intestacy accordingly, it is o no se so longos itis uncertain hether there illis one or not but, heminis has been determine in the negative, it a cince ecomes 5 applicabie Again, it may b aske whether, is a person whoabsinins rom acceptin an inheritance an laim a judicialrestorationis righis, the constitution ca stilli applied, and

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constitution mas nacte Was to ove essect to equest os liberty, and accordino it is quite in plicabie here nos haequest are made. Supposing eve that a manmanumit certain flaves in his lifetime, o in contemplationis deast, and in orde to prevent an question arising Whether the creditor have hereb been defrauded the laves aredesimus os havin the properi adjudge to them, hould thisi permitted' and we are inclinee o say that it should, though the oin is no covere by the term os the constitution. Perceivin howeve that in enaciment Was Want 7 in in an minute potnis os his ind we have urselves issue a very sul constitution in hic have been collected many conceruabie cases is hic the la relatine to this hin os succession has been completed, and with hichany one an ecome acquainte is reading the constitutionilaeis

O UNIVERSA SUCCESSIONS, O OBSOLETE, IN SALE FGOΟDS PON BΑΝΚRUPT , AN UNDE THE C. CLAUDIANUM. There ere other hinosis universat succession in existence

prior to that lases sore mentioned sor instance, the 'purchaseos γωs which was introduced With many prolixities of sormso the sale os insolvent debiora estates, and whic remainedin se unde in so-calle sordina ' system os procedure. Later generations adopte the eκtraordinary procedure, and accordingi sales of mod hecam obsolet alon wit theordinary procedure os hic they were a pari. Creditor areno allowe to tali possessionis their debior' property onlyby the orcle of a judge, an to dispos oscit a to them rem mos advantageous ali os,hic Wil appea more persecti sto the large book of the Digest There acito a miserable sermo universa acquisitio unde the SC.

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praetorian. hos obligations are civit,hic are establis dby statute,.or at leas are sanctione by the civi lawa in eam praetorian hic the praetor has stablished by his oma jurisdiction, and whic are also called honora . M another

division thenare arrange in Our classes, Contractuat, quasi- contractuat, delictuat, an quasi-delictuat And, fimi, we musteκamine those hic are contractuat, and whic again allinio Mur species, sor contractris conclude eitheri delivernis a sormis ords, is riting or is consent: ach os,hichwe will treat in detail.

giad things in hich, transser ou proper in conditionthat the receivedishali retransfer torus, at a future time, not thesam things, but ther things of the fame hin an qualiW: and this contractris calle mutuum, hecause thereis meum ormine ecomes Num o thine. The action to hic it gives I riseris calle a condiction Again a mancis bound by a realobligation is heriakes What is notiwed tam stom another,