The Institutes of Justinian

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TITA UT 53 place os lan or a place cani stolen, has noW been eκploded, and imperia constitutions have been enacte in the intermisos person possessin immoveabies, to the effect inatis oneought to e deprive os a thin os,hic he has his longan unquestione possession Sometimes incleed even things 8whiis have been stolen or violently possessed cani acquiredis usucapion, as sor instance aster they have again come under the o er os thes realis ner so by this thenare relieveclisom in laini,hichina attache to them, an so hecome pable os usucapion Things helongineis urare u cannot sh acquire is usucapion But there is o recor an opiniones Papinian supporte by rescript os in Emperora ius, Severus, an Antoninus, that is, hesore the properi os ad eased person in has est no et is reporte to the

inereos, he an acquire it is usucapion Finalty it icto e 10 observe that things are incapable of hein acquire throuo

Is there M a mista in to the ground on hic possessiones Iis acquired, and whic it is rongi suppose Wil support

sessio ma be ounde on a suppose salem gist, here in miniis fac there has been no sale oretis at all. Lon possession hic has em to run in savour os a 12 deceased person continuecto uni in favouris his hei or Praetoria successor, even though he nows that the land long to another person But is the deceased' possessionta notis la sui inception it is no mallatae to the heir orpraetoria successor, although ignorant of this Our constitution has enacte stat in usucapion to a simila rule hallie observeo, and that the benefit of the possession shali continue in favour of the successor. The Emperora Severus an An 13toninus have decide by a rescript that a purchaser o may

rechon as his o n the time uring hic his vendor has possessed the ining. Finalty it is provide by an edictis the Emperor arcus Iothat aster an intervat frave ear a purchaser rom the

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the o ner, is sued by him, by an exception But a Constitution issued by Zeno os sacre memor has protecte persons who acquire ining Domine reasur by urchase, gist, Orothemtille, assording them complete securi from in momentos the transfer, ansmaranteeing thei success in any actio relatin thereio, hether in te plaintiri or defendanis; hile it allows thos who claim any actio in respectis suChiro-Pert M Wners o pledgees o sue the imperia tre urnatany time ithin our ear homine transaction. A divine constitution hich, oumelves have latet issue has e tende in operationis Zeno' enaciment, res Clin ConVe' ances by the tre ury, to person who have acquire mythingsrom ursalace or that of the Empress.

Another mode in hic properi is acquire is gist. Gisis areis two hines thos made in contemplation os death, anci thos notis made. Gisis of the fimi hin are thos made in vie os approachin deam, the intention os the ove Ming that in the eventis his deceas the thing ovenishould longio the donee, but that is herahould survive o fhould destre toreuoke the gist, or is the donee hould ieraret, in thingshouldi restore t him. These gist in contemplation os

deat now stan on exacti the fame Molingos legacies; sor as in ome respecis the were more like ordinar gists, in other more like legacies, the jurist doubte unde inichos these two classes the should e placed some ein sorgist, ther sor legacy an consequently we have enacted is constitutio that in nearly every respectrihey shalli treatω like legacies, and shal be governe by the rules laid do nrespecting them in ur constitution In a Word, a gist in contemplationis deat is here the dono would rathe haveth thin himself tha that the donee hould haverit, notha the lalter should rathe have it than his own heir. An illustratio ma be ound in Homer, here elemachus malim a gistrio Piraeus.

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an have nothinii common wit legacies. Is the transactionti Complete, the cannot he revoke at pleasure an it is complete When the donor has manifested his intention whetheriri ritin or not. Our constitution has etlle that suc a manifestationis intention hind the dono to deliver exactlyas in the caseis sale so that me hesore delive aist arecompletely effectual, and the donor is unde a legat obligationio delive the object Enaciments of earlier emperora require that such osts, is in excessis two hundred solidi, shouldhe mctali registereo; ut ur constitution has mised his maximum to fave hundre solidi, an dispense Wit thenecessit os registeringetist os thisi os a les amount indoedit has even specifie some gist whic are completet valid, an requirem registration, irrespective os thei amount. have devise mannother regulations in orde to tacilitate and secure insis, ali os hic may he minere homine constitutions hic We haverissued on this topic It is tot observeclhoweve that even here gist have been completet execuisswe have by our constitution unde certain circumstances

enatile donor to revoke them, but onino proo os ingratitude o the par of the recipient of the bounty the aim ostris reservation heindito proieci persons, who have given their pro rint othera, rom suffering at the hancis of these lalterimurno los in annos the modes delaile iniur constitution. There is another specificain os gist etween the living, with awhic the earlier urist were quit unacquainted, and whichowe iis later introduction to more recent emperors. t Wascalle gis besore marriage, and was subject to the implied conclitio that it should not be binclingranti the marriage hadtaken placen iis name Minidue to theriaci that it was alwaysmade hesore the union os the parties, and could neve take place aster in marriam ha once been celebrated Theirstchange in his matter a made by ur imperia sather Justin, Who, asci ha been allowe to increas do ries evenaster arriam, issue a constitution authorising the incre eos gist besore marriage during the continuance of the mar-riam te in cases here an increas ha been made to the

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namely by accruat, hicli operate in the solio in Way: is a person whoi ne a lave jointly wit Titius gave him his liberi himself alone is vindication or is testament, his

sor both in flave was cheate of his liber , and the kindermaster suffere at the los while the harsherines reaped all

vide a mercisu remedy, is discovering a means by whiChthe manumitter, themther Ointi ner, and the liberate flave, manal althe e benefited. Freedom in hos behat eventhe ancient legislator clearly establishe many rules at vari-ance it in genera principies os law, ill e actuallvacquired by the flaven the manumitter,ill have in ple ureos seeing the benefit os his hinones undisturbessi; hile theother joint wner, hy receivin a mone equiValentis Portionale to his interest, an on the scale which, have fixeci,

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NTLES UT VII 57ine hvinand without in consent of the w1se, is prohibited by the lewJulia, although, sincerit has been oven to him as doWry, hecis it -ner. e howeve have amende therae Iulia, and thus introduce an improvement so that statute appliedoni to lan in Italy, and though it prohibite a morigamo the an even wit the wise' consent, it sorbacle it to be

inception of the contraci, in hic it was agree that theplerige should have a m er os sale in defauit os repayment. But in orde that creditor mannot he hindere stom pur- suin thei lawsu righis, o debiorsae deeme to e ver-l hil deprive of thei proper , provision have been inserte in ur constitution and a definite procedure established so the sale os pledges, hic the interest os both creditorsanti deblors have been abundantinguam . e must neXtra observe that o pupil of either se can alienate anything thout his o her maestan's authori . Consequently is a pupil attempla o leno money Without such authori , no ver sames, an he cloes no impos a contractuat obligation 'enc the money, i it exigis, can be movered by realaction. Is in monen hic he attempte to len has Menspent in good sati by the would-he horrower, it can be suedso by the persona actio calle condiction is it has beensraudulently spent the pupil can sue by persona actio sor iis production O the ther hand things an e validincon--yed tolupiis os either seκ Without in maestan's authori ;a ordingly, is a deblor istas to pana pupil, he must obtain the sanctionis the mardian to the transaction, else he will nothe rele ecl. In a constitution hicli, issue to the acl- vocates of Caesare at the instance of the distinguis dari -oian, quaestor os our most sacrediatace, it has With the cle est

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without the guardian's authori , an no in accordance Withou regulation. upiis of either se cannot validi satisfua dehi,ithout thei Damian's authority, Minus the moneypat cloes no hecome the creditor' property the principie

in that o pupit is capatae os alienation ithout his

O PERSONS THROUGH ΗΟΜ WE ACQUIRE. e acquire property notini by uriwn acta, but also by the acta os person in urso er os flaves in hom e havea usuisuci, an o Deemen an flaves helongin t another hut hom e posses in good aith. et u now κamine these cases in detail. Formerly Whateve was received is achil in power of either sex, it the κception os milita peCulium, wa acquire so the parent,ithout any distinctiori; and the parent was entille to give awayi set to one chilo, o to a stranger, ha ha been acquire through another, o dispos oscit in an othe way that he leased. his howeve seeme toras tot a me rute, an consequently bya genera constitution hic we have issue we have improve the children' position, and et reserve to parent allthat was thei clue. his enacis that whateve a chil gainsis and through property os,hic his ather allows him thecontroi is acquired, accordin to the old practice so the

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fortune transferre in another. e have also made a neW arule relatin to the right hic a sathe had unde earlier Constitutions Whenis emancipate a child, os retaining -- solutely, is he leased, a thir par of suc proper is thechil himself ha n o nerahi in a a kin os consideratio sor emancipatin him he hars result os this was that a son was by emancipatio deprive os the wner- is os a thir of his proper and thus in honour hichhe go by ein emancipate an made independent ashalance by the diminutio in his fortune. e have there-sore enacte that the parent, in suinis case, shallis longerretain the ownershipis a thir of the child' property but inlim thereos in usustuc os one hals and thus the son illremat absolute o ne of the whole of his fortune, hile thesathe wil rea a greater benefit than besore, is hein entille to the enjoymen os a hal instea os a third Again, ali right whichoour flaves acquire by tradition stipulation,

or an other ille, re acquire sor ou even though the acquisition he without ou knowledge, o even against yOur Will sor a flave, hocis in the power os another person, Cantave nothin os his o n. Consequently is hecis instituted heir, e must, in orde to e able to accepi in inherit--Ce have in command of his master an is he has that Command an accepi in inheritance, it is acquire sorhi master exacti ascis the lalteria himself been instituted heir an it is precisely the fame it a lega . An notoninis ownerahi acquire sor o by thos in Our PoWer,

thin os,hic the have obtaine detention, and thus in

are o ou instrument throuo hom ownershi may beacquire is usucapioni long possession Respecting flaves in homo person has vina sustuci, the rule is that what

theracquire is means os the proper of the usustuctuary, rhy

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annother means belong to theiri ner,do,hom them longinemselves Accomingly, i such a flaveris institute heir, ormade legate or donee, the succession lega , or gis is acquired not so the ususructua , hut so the wner. An aman who in goo latin possesses a re mani a flaves lon in t another person has the fame right uisuCtua ;what in acquire is annother mode than the wo we have mentione belong in the ne case to the re man, in theother to the lave' rea master Aster a possessor in molstit has acquire the wnershi os a lave is usuCaPion, everything hic the lave acquires elong to Um Without distinction; ut a ructuar cannot acquire o nerSUPo a lave in his V, hecause in the firs placeo domno posses the flaverat all, hut has meret amotis usuis tin him, an hecause in the secon place heris aware of the ex

5 means Dyour propereno theiriwn work. From this it ain ars that re me no subjectri yourso er, o Whom mudo no posses in mod satin, an other persons flaves, of hom ou are either usufructuaries no jus possessore, Canno unde any circumstances acquire sor ou and this is the meaning of the maxim that a man cannotis the meanso acquiring anythin sor ne who is a strange in relation to him. To his maxim there is ut ne exception-namely that, ascis ule in a constitution os in Emperor Severus, a re person, Suchis a genera agent, an acquire Possessio sor ou, and that not only when ou know, but

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NTLES LX . IS much at present concerning the modes o acquiring 6 right ove single things: sor direct an fiduciar bequesta, Whic are also amon suo modes, wil findis more uitable Place in a later portionis ou treatise. e procee theresoret me tities here in aggregate os right is acquired. fyo hecome the successors, civi or praetorian, os a personoeceased, o Mopi an independent person by adrogation, or come assignem os a deceased' estate in orde to securethei liberi to laves manumitte by his ili, the whole

late os hos person is transferre to muri an aggregate mass. Letis hegi Wit inheritances, hos mode os devolution is Mosold, accordin a a person dies testate orintestate an os these two modes e ill ret reat of

The term testamen is derived rom two ortis hic meana signifyingi intention. Lest the antiquities of this branch of law hout he en Itiret sormiten, it shout be nown that originalty two hincis

plono in times osteace an quiet, and which was calle thewili made in the comitia calata, hil in othe was resoneclio When then ere setting ut o hatile, and was calle pro-rimcrum. ore recenti a thir kin Was introduced callecline illi bronge an balance, causerit Was madet mancipation, hic mas a sortis fictilious sale, in the presenceisfive linesse an a balance holder, ali Roman citigens a veth age os puber , together With the person who was alleclthe purchaser of the family. The tworaret-mentione hindsos testament ho eve went out onus even in ancient times,

an even in thim, or ill by bronge an balance though ithas remaine in vom longe than in , hac come parilyclisus . At these three hinos of Will hich, have men 2 tione helonge to the civit law, but later stillis Murth sormwas introduce by the praetor' edici so the ne claw of the

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parti by sage, parti by definite changes introduce byconstitutions came to be combined into a harmonious hole,

execute at ne time an in the presenoe os seven witnesses

these two potnis ein required, in a Way by the old civil

formalit imposed by imperia legislation n aflixe theirseais, acha been require by the praetor' edici Thus thepresent la os testamen seem tote derive stom three distinc Sou es the witnesses, an in necessit os thei alibein present continuousty throuo the executio of the willi orde that that executio ma be valid cominoseo the civi law: the signing of the document hy the testator ano the witnesse hein clueo imperia constitutions and theexac number of witnesses, and the sealin os the will hysthem, to the praetor' edict. An additiones requirement imposed by our constitution in me to secure the genuinen Sos testament an prevent orgery, is that the me of the heir hali e writte by either the testator o the Witnesses, an generalty that eve ining hal be done accordindito the tenoris that enaciment. The witnesses may ali ea the testament With the sameseat for a Pomponius remarks, hal f the device on alismen eat were the fame It is also lawsul sor a witnes tos use a sea belonginito another person Thos person onlycambe witnesses h are legalty capahle os,itnessin a testamenti omen, person belo the age of puberty, laves, lunaticS, person dum o deas, and those ho have been interdicte seo the managementis thei proper , or homthecla declares orthles an unfitte to persorinthis ossice, cannot witnes a Will. In Cases here ne os the witnessesto a illisa thoughtrire at the time oscit execution, hut was astematas discovere to e a flave, in Emperor Hadrian in his rescripto Catonius Verus, an astematas the Emperori Severus and Antoninus declared that os their