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a.
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G.1.8: “Let us first consider persons.”
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b.
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G.2.1: “In the preceding book we treated of the law of persons. Let us now consider things.”
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i.
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The law of acquisition of single things has no separate introduction,
but the following passage suggests that that is the category.
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ii.
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G.2.97: “For the present it suffices to have carried our exposition of
the methods of acquiring singel things thus far. For the law of legacies, under which
likewise single things are acquired, will be treated of more conveninently
in another place. Let us therefore
now consider how things are acquired in mass (per universitatem).” (For the most part the law of
succession.)
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iii.
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G.3.88: “Let us proceed now to obligations. These are divided into two
main species: for every obligation arises either from contract or from
delict”
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The same order is preserved in J.I., and the same topics covered.
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c.
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G.4.1: “It remains to speak of actions.”
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a.
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“I say this man is mine by Quiritary right according to
his situation. As I have spoken behold I have placed my rod on him.” Hunc
ego hominem ex iure Quiritium meum esse aio secundam suam causam. Sicut
dixi, ecce tibi vindictam imposui. = G.4.16 –> legis actio sacramento in rem.
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b.
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“cession in court” in iure
cessio G.1.168—transfer of tutela and later on we learn of urban
servitudes.
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c.
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manumissio vindicta
G.1.17, .18, 1.20—probably originally a vindicatio in libertatem.
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d.
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“Let him be bought to me by this bronze and these bronze
scales.” Isque michi emptus esto hoc aere aeneaque libra = G.1.119.
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i.
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conveyance of slaves and other res mancipi
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ii.
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conveyance of children in potestate, but the
result is not potestas but in mancipio
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iii.
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conveyance of children in potestate –>
emancipation, also a three-fold system — G.1.132–33
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iv.
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conveyance of children in
potestate –> adoptio, the tree-fold system again plus
litigation G.1.134.
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e.
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coemptio — G.1.113, 1.123, we haven’t got the
words
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f.
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testamentum per aes
et libram G.2.104 (p. 137).
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4.
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Legislation and imperial constituions concerning the law of persons
mentioned in G.1:
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a
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l. Fufia Caninia 2 B.C. limits the
number of testamentary maunumissions.
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b.
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l. Aelia Sentia 4 A.D. requires
that manumissions of slaves under 30 be made vindicta and before a consilium.
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c.
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l. Junia Norbana ?A.D. 19 creates
the status of Junian Latins.
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d.
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l. Visellia (c.25 A.D.) — anyone who being a libertus serves
as a policeman for 6 years becomes a citizen. Notice the use of policy
here.
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e.
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SC. Pegasianum (72 A.D.) extends the privilege of anniculi causae
probatio to Junian Latins freed over the age of 30. (The a.c.p.
was previously available to those freed under the age of 30. If the Junian
Latin had married and produced a child who was one year old or older, he,
the wife and the child all became citizens.)
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f.
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Edict (edicto) of Claudius (41 X 54) — a Junian Latin who builds
a ship that carries corn to Rome
–> citizenship
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g.
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Constitution (a Nerone constitutum est) (54 X 68) — a Junian
Latin who spends 100 K sesterces on a Roman house –> citizenship.
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h.
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Constitution (Traianus constituit) (98 X 117) — a Junian Latin
who operates for three years a mill that grinds 100 measures of corn daily
–> citizenship.
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