Outlines of Roman Law: Comprising Its Historical Growth and General Principles

Outlines of Roman Law: Comprising Its Historical Growth and General Principles

by William Carey Morey


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Product Details

ISBN-13: 9780344188206
Publisher: Franklin Classics Trade Press
Publication date: 10/25/2018
Pages: 456
Product dimensions: 6.14(w) x 9.21(h) x 0.92(d)

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of the Quiriteswhich form was evidently derived from the older procedure. It was from this feature, as Gaius says, that the process was called mancipatio (I., § 121). The state was now represented, not by the magistrate, but by five male Roman citizens. The number, corresponding to the five Servian centuries, would seem to show that this change in the form of conveyance was made in connection with, or after, the Servian revolution. Again, instead of the judex who in the ancient procedure weighed the claims of the two parties, a neutral person (libripens) was present at the " mancipation," holding in his hand the symbolical balance. The conveyance was completed when the buyer struck the balance with a piece of bronze, which he transferred to the seller as a sign of the purchase-money. On account of the use of the bronze and the balance, this form of alienation was also called per ces et libram. The mancipatio, or conveyance per es et libram, which was based indirectly upon the forms of procedure, came to be the most important means for the transference of legal rights, and for fixing the legal relations between different persons. We shall heieafter see that it was not only the form by which property was conveyed, but the form by which nearly all transactions were legalized, by which a marriage was effected, a son adopted or emancipated, a mortgage, a contract, and a testament made. 5. The Nature of Early Quiritarian Rights.The idea of a legal rightthat is, a certain degree of liberty sanctioned by lawgrew up with the legal processes just described. The exercise of exclusive dominion over any person or thing would come to have a legal character only when such a privilege wasmade defensible in a legal action, or was treated as a proper subject for legal conveyance. Certain...

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