A History of French Private Law |
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Common terms and phrases
according acquired Alemanni alienation authority barbarian Béarn Beaumanoir betrothals Boutaric Bret Brunner Burg canon law Church Civil Code concubinage consent contract Council of Trent countries of written Cout custody Customs Decree Desmares divorce Droiz Du Cange Edict emancipation English law existence father Ferrière feudal fief Frankish German law give Glasson Gratian guardian guardianship Guyot heir Heusler husband immovables inheritance Inst Jérus Jostice king land latter Laurière lease legislation Liut lord Loysel marriage marriage portion married Masuer minor mother movables mundium Norm old law owner ownership Paris paternal power penalty period personal belongings Pertile Pollock and Maitland possession possessory action Pothier prescription Ragueau relatives repurchase Roman law Roth Sachsensp Salic Law Schwabenspiegel seisin Siete spouses Stobbe Summa Tacitus Théod thing third party tion Toulouse usucaption Viollet wife woman
Popular passages
Page ix - ALL history," said the lamented master Maitland, in a memorable epigram, "is but a seamless web; and he who endeavors to tell but a piece of it must feel that his first sentence tears the fabric." This seamless web of our own legal history unites us inseparably to the history of Western and Southern Europe. Our main interest must naturally center on deciphering the pattern which lies directly before us, — that of -the Anglo-American law. But in tracing the warp and woof of its structure we are...
Page vii - I might instance in other professions the obligation men lie under of applying themselves to certain parts of History; and I can hardly forbear doing it in that of the Law, — in its nature the noblest and most beneficial to mankind, in its abuse and debasement the most sordid and the most pernicious.
Page ii - Chief Justice of the Court of Appeals at Breslau, with a chapter by E. GLASSON, late of the University of Paris. Translated by ROBERT W. MILLAR, of Northwestern University. $4.00 net.
Page ii - NY $4.50 net. V. HISTORY OF CONTINENTAL CRIMINAL PROCEDURE. By A. ESMEIN, Professor in the University of Paris, with chapters by FRANCOIS GARRAUD, of the University of Lyon, and CJA MITTERMAIER, late of the University of Heidelberg.
Page 791 - Blomfield, upon condition, nevertheless, that her son John should pay to her other son William the sum of 200/. within a year and a day after the death of her husband, in case William should then be living and twenty-one years of age; but in case William should then be under twenty-one years of age, her will was, that the sum of 200/. should be paid him as soon as he came to the age of twenty-one years. But in case neither of her sons should be living at the decease...
Page 33 - Agri pro numero cultorum ab universis in vices occupantur, quos mox inter se secundum dignationem partiuntur : facilitatem partiendi camporum spatia praestant. Arva per annos mutant : et superest ager...
Page vii - There will be none such any more, till, in some better age, true ambition, or the love of fame, prevails over avarice ; and till men find leisure and encouragement to prepare themselves for the exercise of this profession by climbing up to the vantage ground...
Page vii - Science, instead of grovelling all their lives below, in a mean but gainful application of all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions. And whenever it happens, one of the vantage grounds to which men must climb, is Metaphysical, and the other, Historical Knowledge. HENRY ST. JOHN, Viscount BOLINGBROKE, Letters on the Study of History (1739). Whoever brings a fruitful idea to any branch of knowledge, or...
Page vii - Letters on the Study of History (1739). Whoever brings a fruitful idea to any branch of knowledge, or rends the veil that seems to sever one portion from another, his name is written in the Book among the builders of the Temple. For an English lawyer it is hardly too much to say that the methods which Oxford invited Sir Henry Maine to demonstrate, in this chair of Historical and Comparative Jurisprudence, have revolutionised our legal history and largely transformed our current text-books.—Sir...
Page vii - ... so my Lord Bacon calls it— of science, instead of groveling all their lives below in a mean but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions; and, whenever it happens, one of the vantage-grounds to which men must climb is metaphysical, and the other historical, knowledge.