Equity in Roman Law; Lectures Delivered in the University of London, At the Request of the Faculty of Laws

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To quickly assess the difficulty of the text, read a short excerpt:

20. 1. 34. pr.).
This rule was thus exactly like our own. It ap- pears, however, that this intention to include future acquisitions needed to be expressly stated in con- tractual general hypothecs, until Justinian, but it was laid down by him that such a term was to be understood in all such future conventions (C. 8. 16. 9. 1). As is remarked by the early com- mentators, in an Additio to the Gloss, this is treating the merx as a universitas, just as grex and pecuUum are so treated for certain p
...urposes (D. 6. 1. 3. pr.; D. 31. 65. pr.), but it carries the Pledge, Lien and Charge 65 conception much further than do the texts refer- ring to these.
The institution seems to have worked badly in France, since the Code CivU. adopts a rule estab- hshed during the Revolution, absolutely forbidding agreements for the hypothecation of future ac- quisitions [Code Civil, Art. 2129). The institu- tion does not appear in the Biirgerliches Gesetzbuch nor anywhere in the Imperial German law.
Other modern refinements of the law of pledge find a place in the Roman Law.


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