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Vol 23 No 5 May/June 2018

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The Digest of Justinian: Volume 2

Edited by: Charles Henry Munro

ISBN13: 9781107651012
Published: October 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £30.99

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Originally published in 1903, this two-volume work contains an English translation of the first fifteen books of the Digest of Justinian, which formed one part of Roman civil law.

Monro uses the Latin text edited by Theodor Mommsen, and translates Latin legal terms by using explanatory substitute words, not by giving the nearest approximation of the idea in English law.

Volume Two contains the translation of Books Seven to Fifteen. This book will be of value to anyone with an interest in late Roman law or the history of law in Europe.

Volume One contains the translation of the first six books of the Digest.

Roman Law and Greek Law
Part VII:
1. On usufruct and the rights of the usufructuary
2. On accrual of usufruct
3. When the bequest of a usufruct vests
4. The ways in which usufruct or usus is lost
5. On usufruct in things which are consumed or wasted by the using
6. On the case of usufruct being sued for or the right of it being denied
7. On the service of slaves
8. On usus and habitatio
9. What kind of undertaking is given by the usufructuary

Part VIII:
1. On servitudes
2. On servitudes of urban estates
3. On servitudes of rustic estates
4. Rules common to urban and rustic estates
5. Where an action is brought to recover a servitude or to contest another's right to one
6. How servitudes are lost

Part IX:
1. On alleged commission of pauperies by a four-footed animal
2. On the lex aquilia
3. On the case of persons pouring out or throwing out
4. On noxal actions

Part X:
1. On settling boundaries
2. On dividing an inheritance
3. Partition of common property
4. Action for production

Part XI:
1. On administering interrogatories before the magistrate and on interrogatory actions
2. When various matters are heard by the same judge
3. On corrupting a slave
4. On fugitive slaves
5. On gamblers
6. When a surveyor makes a false report as to dimensions
7. On things religious and funeral expenses and on the right to conduct funerals
8. On carrying in a dead body and building a sepulchral monument

Part XII:
1. On things given in credit where a specific demand is to be made, and on the condictio
2. On swearing an oath, whether voluntary, compulsory or judicial
3. On swearing to the claim
4. On the condictio to recover a thing given for a consideration where the consideration fails
5. On the condictio on the ground of an immoral or unjust consideration
6. On the condictio for money [paid] that was not due
7. On condictio for want of ground

Part XIII:
1. On the condictio furtiva
2. On condictio under the statute
3. On a triticarian condictio
4. On things which are to be rendered at a specified place
5. On a constitutum of money
6. The action on loan for use or the counter action
7. On the action on pledge or the counter action

Part XIV:
1. On the exercitorian action
2. On the rhodian law of jettison
3. On the institorian action
4. On the tributorian action
5. Dealings alleged to have been had with a person in the potestas of another
6. On the senatusconsultum Macedonianum

Part XV:
1. On the action of the peculium
2. When the action on the peculium is limited to a year
3. On the actio de in rem verso
4. On the actio quod iussu.