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according acquired action applied autem authority belong Berlin bona called causa civil collections Comm common Comp consequence considered const constitutions contained corporation Corpus defendant Diss distinction edition effect ejus entitled especially etiam exception exercise exist fact Gaius German granted Hence Hugo ibid Idem instance Institutes Italy jure juridical juris jurists Justinian kind latter Leipsic means nature object obtained opinion original Pandects party passages Paulus person posse possession possessor potest practice prætor prescription present principles published quæ quam quia quis quod reason Rechts reference regarded respect Roman law rule Savigny seqq servitude sive sunt System term thing tion transaction Ulpianus
Page xii - I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.
Page 2 - Positive law is the law established by historical facts, or the sum of those principles which are acknowledged in a state as principles of law, and consequently have authority as such.
Page 269 - ... the right to dispose of the | substance of a thing in every legal way, to ' possess it, to use it, and to exclude every ! one else from interfering with it.
Page 77 - European nations, and in the new states in Spanish America, in the province of Lower Canada,* and in one of the United States, b it constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence upon our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction...
Page 74 - And we find the same jealousy prevailing above a century afterwards (g), when the nobility declared, with a kind of prophetic spirit, " that the realm of England hath never been unto this hour, neither by the consent of our lord the king, and the lords of parliament, shall it ever be, 'ruled or governed by the civil [*20] law
Page 105 - BEAUFORT, La république romaine, ou plan général de l'ancien gouvernement de Rome.
Page 75 - Not but that it is reasonable to believe, from abundant traces in our history and laws, that even in the times of the Saxons, who were a swarm from what Sir William Temple...
Page 236 - ... anything which may be the subject of property, for one's use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one's place and name. Possession includes the act or state of possessing and that condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons. Possession includes constructive possession which means not actual but assumed...