Commentaries on the Roman-Dutch Law

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A. Strahan, 1820 - 729 pages
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Table des matières

King Philip declared to have forfeited his County 9 William Prince of Orange elected General of the Army
9
The Council of the States General instituted
10
12 Effect of a Refusal of it 621
13
Whether Sentence is pronounced before or follows upon
14
High Court at Mechlin
16
Whether and when Hearsay makes full Proof
24
Whether and how far Confirmation thereof by the daily
26
Whether and in what Case the depositing of the Amount
29
CHAP VII
32
Of legitimate Birth
33
Of illegitimate Birth and its different Sorts or Degrees ib 4 What Difference there is between them in Law ib 5 Natural Children whether and how to ...
35
CHAP VIII
36
reckoned in its Members
38
Page
38
Wherein they differ according to the Canon Law
39
Affinity how to be reckoned in enumerating Degrees of Relationship
41
CHAP IX
42
Of Dukes
44
Of Knights
45
Of wellborn
48
Whether and how far the Spiritual Law and Tribunals
56
CHAP XIII
60
CHAP XIV
69
Of Divorce
83
450
96
On the Termination of his Guardianship in what Cases
97
Or Incorporeal
102
Of the different Manners in which Things are treated of
103
Of the different kinds of Things belonging to anybody
104
Of the Right of Fishing and Fisheries
105
CHAP II
106
Of Occupancy or the Acquisition of Property having no Owner by entering upon it and taking possession thereof 1 Of the Acquisition of living Thi...
107
Of the hunting of wild Animals
108
Penalties on taking Swans
109
Who may have Decoys and in what manner and of their Privileges
110
Of the Right of Fishing
111
Of the Acquisition of inanimate Things having no Owner ib 9 Things found in the Sea or stranded or lost by whom to be appropriated
112
Of the Booty and Plunder of Enemies
113
Of barren and abandoned Lands ib 12 The Nature of BoesemRegt ib 13 Of treasuretrove
114
CHAP IV
115
How far Lords of Manors are entitled to Increment
116
Of Artificial Accession
118
Who may not deliver up or transfer their Property
126
Right of Possession defined
129
Fees of Advocates Proctors c how far affected by Pre
135
13 How it devolves again on the Proprietor and when
137
ceases and to whom the outstanding Fruits belong
141
Of the Termination of the Usufruct by Cession to the Usufructuary
142
How through Disuse
143
in the Rent an Abatement is allowed
146
How Quitrent Right is acquired ib 7 How it is terminated and lost
147
CHAP XI
148
Whether Hemp is subject to Tithe
150
Tithes how to be collected
151
CHAP XII
152
Of the Abbotright or Deathpledge
153
Of the collecting c of Small Rents c
154
Of the Redemption of such Rents
156
Of redeemable Rents and in what manner the Redemption of them is effected Page 1 Nature of perpetual and irredeemable Rents
157
lated by Contract
158
How to be made when the Rent is fixed in a certain Specie and Value in Money
159
How when no certain Species is mentioned or if certain Species be mentioned but not the Value
160
How such Redemption was effected when Money was not current
161
A Wilhelmus Gilder of Dordrecht ib 11 A Reinaldus or Arnoldus and the Gilder of Beyer
162
The Dordrecht Garden and Flemish Plakke
163
CHAP XIV
164
Nature of bad and right Fiefs in Holland
166
CHAP XVI
177
When the Investiture is neglected for the space of
184
CHAP XVIII
186
House Service defined
193
What Breadth ought to be left for a Path or Road
198
BOOK III
205
A last Will defined
209
CHAP III
220
Bastards
225
CHAP VI
242
Inundation c
245
Property when comprehended under Usufruct
258
How far the Bequest of an Article which the Testator
263
CHAP X
274
Whether and when the same may be prohibited
280
CHAP XII
286
CHAP XIII
292
The next Issue of Brothers or Sisters Grandchildren
301
Whether and in what Point this Supplement differs with
302
Expences of Education whether and when they are to
310
Obligations arising from Agreements of how many Sorts
314
Masters of Ships and Innkeepers how far bound for their
321
Security or Surety definedand who may be Sureties
326
How far married Women are under the Guardianship
327
CHAP V
336
CHAP VII
339
CHAP IX
346
CHAP XII
353
mortgaged to a Third
358
Among several Mortgages having the same Right what
364
Of Exchanging Rewarding Acting in Consideration of a Reward
369
CHAP XVI
377
Requisition to a valid Purchase and Sale
380
CHAP XIX
389
CHAP XX
397
CHAP XXII
407
Embezzlement what and how to be punished
458
Ignorance of a Judge not punishable ib 11 Error of an Advocate whether punishable and under what Circumstances
460
Of common Falsification and in what manner punishable ib 14 Perjury whether and how punishable
461
Knavery what and how punishable ib 16 Prevarication what and how to be punished ib 17 Of Monopoly
462
how punishable
464
Murder through Neglect without Design how punishable
466
Those who go out armed with a Design to kill another how punishable
467
Necessary Defence what ib 12 Suicide whether and when punishable
468
Those who drown themselves cannot be punished but ought to be inspected
469
how to be given
470
CHAP XXXV
471
CHAP XXXVI
478
Of Housebreaking
479
CHAP XXXVII
480
Of Injury or Crime against Honour and good Name by Deed
482
Adultery how committed and how to be punished
483
Of Incest
485
Of Sodomy
486
Public Fornication how to be punished ib 12 Of Concubines
487
CHAP XXXVIII
488
Theft of Trees and Fruits of the Field
491
Payment how to be made and how to be proved
497
CHAP XLII
505
Of Judges and their Tribunals and whatever appertains thereto
513
CHAP II
519
Husband and Wife whether and when responsible for each
522
72
524
Whether and when any one is responsible for anothers
525
CHAP IV
528
CHAP V
534
Of the Jurisdiction of the Judge as it respects the Place
537
22 Nor yearly Allowance to Professors Advocates or Clergy
542
What Property may be arrested
546
CHAP VIII
550
Of Reconvention
552
Of Arbitrators or good Men
554
CHAP XI
566
Of what Effect and where to be decided
570
Of Complaint and Maintenance ib 6 Depositing the Amount due what and when it has effect
572
CHAP XIII
573
How to be effected before superior and inferior Judges
574
Of summoning out of a Jurisdiction by Notice delivered and by Requisitorial Letters
575
Of summoning by Edictal Citation when out of the Province ib 5 Whether and when a Person may alter his Claim
576
CHAP XIV
577
How to purge or redress it
578
What sort of Cases is terminated at the First Default ib 6 What at the Second
579
Proof of a Demand how to be produced and of what Effect
580
Of Demand and Conclusion 1 Demand how to be made
581
How in the Cities and in the Country
582
74
584
Page
585
Reconvention defined
592
CHAP XIX
594
How against the Heir ib 5 How upon an Hypothecation or in case of Arrest
596
In Maintenance
597
By Penalty in cases of Innovation ib 11 In Inheritances from Division of Estates ib 12 In cases of Possession before the High Court
598
In cases of Warranty
599
To institute an action ex lege diffamari affirmatorie et nega torie
600
In lis pendens or lis finita
601
In Cases of Arrest and Penalty
603
In Cases of Injury ib 37 In Cases of Preference
604
Replication and Rejoinder how to be made
605
The making and producing of Acts
606
CHAP XX
609
A signed Handwriting of what Credit
612
21
613
No mad or foolish Persons or Minors ib 19 Of Reproaches and Salvos in Law ib 21 Whether and when Evidence of the Truth may be refused ib 23 ...
614
CHAP XXI
616
In what Case an Oath is administered ib 16 Whether in criminal Cases
618
Whether and how with respect to Fines
622
CHAP XXIII
623
No Crimes in what Cases
624
CHAP XXIV
625
Of interlocutory and definitive Sentences
626
Orders what how to be granted and their different Sorts
627
Interlocutory Decrees
628
Provisional Decrees what and how to be granted and composed
629
Whether a Party can proceed in the principal Point before Satisfaction is made upon the Provision
630
How to proceed in Cases of default
632
A Decision how and when considered as confirmed
633
Within what Time to be carried into Execution
634
is included
648
82
656
Who may and who may not judge in Criminal Cases
660
How the Exceptions are to be made before or after
671
CHAP XXIX
676
Of Proceedings at Law concerning the ordinary Revenue of
686
Of Letters of Safe Conduct
695
Concerning the Judges Jurisdiction of the Court and Mode
702
422
706
How punishable ib 3 Edicts and Penalties respecting Fighting ib 4 Fighting Duels antiently permitted 473
707
How to demand that the Amount may be provisionally de 6 Demand of Fruits and Interest
711
By what Exceptions one may or may not persist
713
252
715
Whether and when a Bequest to take effect by a certain
719
Second and further Marriages within what Time and under
720
freely dispose by Will 223
728
Whether and how far a married Woman can bind both
729
SECTION 1
741
Ceremonies of adoption
752
SECTION V
760
TITLE I
778

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Expressions et termes fréquents

Fréquemment cités

Page 70 - Have ye not read, that he which made them at the beginning made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder.
Page 487 - And David's anger was greatly kindled against the man, and he said to Nathan, As the LORD liveth, the man that hath done this thing, shall surely die. And he shall restore the Lamb four-fold, because he did this thing, and because he had no pity.
Page 462 - And the soul that turneth after such as have familiar spirits, and after wizards, to go a whoring after them, I will even set my face against that soul, and will cut him off from among his people.
Page 463 - Surely there is no enchantment against Jacob, neither is there any divination against Israel: according to this time it shall be said of Jacob and of Israel, What hath God wrought...
Page 759 - Ac., to a stranger without having given previous notice thereof to his heirs or partners, and to such of his neighbours whose grounds are adjacent to his land, and who might have the same in mortgage, should they have been mortgaged, such heirs, partners, and neighbours were at liberty to claim or demand the preference of becoming the proprietors of such lands.* The previous notice which was to be given to persons of the above description was to be observed in the following manner...
Page 760 - ... persons having taken any steps upon the information given to them, the sale was considered valid ; yet this mode of selling lands underwent an alteration afterwards, in consequence of the good orders given on that subject during the time of the old commandeur BLOOM (of blessed memory ) : as, since those orders, no sale of lands whatever, has taken place until the intentions of such as wish to sell the same have been published on three successive Sundays at the church -\ to which they belong ;...
Page 759 - ... heirs, partners, and neighbours were at liberty to claim or demand the preference of becoming the proprietors of such lands.* The previous notice which was to be given to persons of the above description was to be observed in the following manner, viz., to such 'as resided at the village, one month ; to persons residing in the same province but out of the village, three months ; to those residing in another province, six months ; and to those who reside abroad, one year. The above periods having...
Page 462 - Regard not them that have familiar spirits, neither seek after wizards, to be defiled by them : I am the LORD your God.
Page 741 - ... grandchildren, their property devolves in the like manner as is said with respect to the daughters' property, which devolves to the women as long as there are any. • The property of the sons, therefore, devolves to the men, and in failure of them to the women ; and although the parents do not leave anything, the sons are nevertheless bound to pay the debts contracted by their parents, and although the sons have not at the time the means of paying such debts| they nevertheless remain at all...
Page 737 - Joan Simons, and Councils at Colombo, and collected together by me, the undersigned, after an experience of thirtyfive years, having been for the most part of that time amongst the Natives. SECTION I. OF INHERITANCES AND SUCCESSION TO PROPERTY. 1. Different kinds of property. 2. Of dowry. 3-6. Of the marriage of daughters, and the dowry given with them. 7. Of the marriage of sons, and their portions. 8. Of resignation of property. 9. Of succession to property where children and their mother are left....

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