FREE BOOKS

Author's List




PREV.   NEXT  
|<   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   >>  
ccessor (_suus heres_), the [deceased's] nearest male agnate shall have possession of the estate. 5. If there be no male agnate, the [deceased's] clansmen[20] shall have possession of the estate. 6. To persons[21] for whom a guardian (_tutor_) shall not have been appointed by will (_testamentum_), to them [their] agnates shall be guardians. 7. If a person be insane (_furiosus_), if there be not a guardian (_custos_) for him, rightful authority over his person and over his property shall belong to [his] agnates and [in default of these] to [his] clansmen. If a person be a spendthrift (_prodigus_), he shall be prohibited from [administering his own] goods and he shall be under the guardianship (_curatio_) of [his] agnates. 8. If a freedman (_libertus_) shall have died intestate without self-successor, [his] patron (_patronus_) shall take the inheritance of a Roman citizen-freedman ... from said household into said household. 9. Items which are in the category of debts [due to or incurred by a deceased person] shall be divided [among his consuccessors] by mere operation of law (_ipso iure_) [in proportion] to [their] portions of the inheritance.[22] 10. Apportionment of an estate (_actio familiae erciscundae_) [occurs], when coheirs (_coheres_) wish to withdraw from common [and equal] participation [in the inheritance].[23] TABLE VI. OWNERSHIP AND POSSESSION 1. When a person shall make bond (_nexum_) and conveyance (_mancipium_), according as he has specified with [his] tongue, so shall be the law (_ita ius esto_). 2. Both conveyance (_mancipatio_) and surrender in court (_in iure cessio_) are confirmed. 3. Articles which have been sold and delivered are not acquired by the buyer otherwise than if he has paid the price to the seller or has satisfied him in some other way, that is, by providing a guarantor (_expromissor_) or a security (_pignus_). 4. It shall be sufficient to make good those [faults] which have been named by [one's] tongue, [while] for those [flaws] which he (the vendor) has denied expressly [, when asked about these,] he (the vendor) shall undergo a penalty of double [damages].[24] 5. For a loyal person and for a person restored to allegiance there shall be the same right (_ius_) of bond (_nexum_) and of conveyance (_mancipium_) with the Roman people.[25] 6. Against an alien (_hostis_) title of ownership (_auctoritas_) shall be [valid] forever.[26] 7. A prescriptive
PREV.   NEXT  
|<   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   >>  



Top keywords:

person

 

deceased

 

conveyance

 

inheritance

 

agnates

 

estate

 

household

 

freedman

 

vendor

 
guardian

clansmen
 

tongue

 

possession

 
mancipium
 

agnate

 

satisfied

 
seller
 

cessio

 
surrender
 

confirmed


delivered
 

mancipatio

 

acquired

 

Articles

 

denied

 

people

 

allegiance

 

restored

 

Against

 

forever


prescriptive

 

auctoritas

 

hostis

 
ownership
 

damages

 

double

 

pignus

 
sufficient
 

security

 
expromissor

providing
 
guarantor
 

faults

 

undergo

 

penalty

 

expressly

 

portions

 

prodigus

 
prohibited
 

administering