Evolution of Law Select Readings On the Origin And Development of Legal Instit

Cover Evolution of Law Select Readings On the Origin And Development of Legal Instit
Evolution of Law Select Readings On the Origin And Development of Legal Instit
Albert Kocourek
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On the one hand, there is the gradual emergence of the right of ownership as a right. On the other, there is the gradual extension of owner- ship by individuals as against ownership b}' families, clans, villages, remains where alienation has been allowed. The French right of retrail lignager was not finally abolished till 1790. {Viollet, p. 563. ) ^ In early Rome the family property was conjoint, but the sj^stem was much modified bj- the power of the Roman paterfamilias and also by the right of... the heirs to demand partition at the death of the father. There was also probably a ^\'ider primitive community of land as between pos- sibly the whole people or more probably the gens. (Girard, p. 249. ) For the varying positions of the father in the Indian household, see J. D. Mayne, "Hindu Law and Usage, " p. 222 and follo^^^ng. Mayne makes the distinction between the patriarchal and the joint family turn on the question whether on the death of the eldest ascendant the family do or do not remain together (p.

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