The Heads of a Course of Lectures on the Roman Civil Law: Compared with the Laws of England

J. Archdeacon, 1769 - 109 páginas

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Página 38 - It is emphatically the will of the person who makes it, and is defined to be ' the legal declaration of a man's intentions which he wills to be performed after his death.
Página 48 - ... at the time of making the will, and at the time of the death of the testator, and during the intermediate period, (if there be any change,) so that the elements of a full decision may be finally brought before the court.
Página 51 - ... When once an heir accepted the inheritance, it vested in him absolutely, and all the subsequent substitutions then entirely failed. The pupillar substitution was, where a father substituted an heir to his children, under his power of disposing of his own estate and theirs, in case the child refused to accept the inheritance, or died before the age of puberty. The quasi-pupillar substitution was, where the children past puberty, being unable, from some infirmity of mind or body, to make a testament...
Página 67 - ... to the widow, and the remainder in equal proportions to the children of the intestate, or, if dead, to their legal representatives, that is, their lineal descendants: or, if there be no children...
Página 71 - Where the intestate left no descendants, and no ascendants, the law called the collaterals to the succession, giving a preference to the whole blood. By the law of the code, if no one was left in the descending, ascending, or collateral lines, the husband succeeded to the estate of the wife, and the wife to that of the husband. This was altered by the law of the Novels. In default of a legal heir, the estate became a rea caduca, and the fiscus, or exchequer succeeded.
Página 59 - CHAPTER VII. OF ROMAN INTESTATE SUCCESSION. AN intestate is one who dies without a will, or who leaves a intestacy will which is not valid. The law appoints the person or persons who are to succeed to his property, according to certain rules, which mainly depend upon their proximity in blood to the deceased.
Página 31 - A usufructuary right is the right of using and | enjoying the profits of a thing belonging to another, without impairing the substance.
Página 46 - An executor is he to whom another man commits by will the execution of his last will and testament. All persons are capable of being executors who are capable of making wills, and many others besides ; as wives and infants ; and even infants unborn may be made executors.
Página 27 - DERELICTS are Things wilfully abandoned by the owner, with an intention to leave them for ever.
Página 73 - POSSESSIO is the right of claiming 1IL and retaining the inheritance of a person deceased not strictly due by the Civil Law, but granted by the Praetor from a principle of equity.

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