Gai Institvtiones, or, Institutes of Roman law

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...extinction of debt. Ihering suggests that when the lex curiata required in Adrogatio was a reality, it was not enacted until all proved debts of Adrogatus were discharged; and that the publicity of the proceeding made uninjurious to the creditors what the protection of Adrogator required--the ipso facto extinction of all debts not proved before the enactment of the law. But when the people were merely represented by thirty lictors, and Adrogatio became comparatively a private proceeding, the old rule had ceased to be just, and was practically abolished by the Praetor's Restitutio in integrum. Adrogatio in the legislation of Justinian only conveyed to the adrogator a usufruct in the property of the adrogatus. The ownership subject to the usufruct (proprietas) remained in the adrogatus, Inst. 3, 10, 2; but the rights of the creditors of adrogatus were not allowed to be injured by this change, Inst. 3, 10, 3. Coemptio is not noticed by Justinian, as the in manum conventio of the wife was obsolete long before his time. § 85. Item si legitimam here-§ g5 If & n wfao ig ditatemheres antequamcerjnat to aucceed £ te to an inte8. ant pro herede gerat, alii in lure before declaring his formal cedat, pleno lure fit die heres, acceptance or informally acting cui cessa est hereditas, pro-as heir, surrender the inheritance i-nde ac si ipse per legem ad by in jure cessio, the inheritance hereditatem uocaretur. quodsi (hereditas) passes to the sur posteaquam heres extiterit, cesserit, adhuc heres manet et ob id creditoribus ipse tenebitur; sed res corporales transferet proinde ac si singulas in iure cessisset, debita uero pereunt, eoque modo debitores hereditarii lucrum faciunt. § 86. Idem iuris est, si testamento scriptus heres, posteaquam heres ext...