Imperatoris Lustiniani Institutionum Libri, Quattuor, With Introductions, Commentary, Excursus

Cover Imperatoris Lustiniani Institutionum Libri, Quattuor, With Introductions, Commentary, Excursus
Imperatoris Lustiniani Institutionum Libri, Quattuor, With Introductions, Commentary, Excursus
Moyle John Baron
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11), or (2) on jural grounds (* veluti sororem nupturam sibi aliquis stipulatur' Dig. 45. I. 35. i) : turpes (immoral) condiciones are treated in the same way as those which cannot legally be performed Dig. 28. 7- i5- A further distinction is that between conditions which are absolutely or objectively impossible, and those which are only relatively impossible ; by the latter being meant such as might have been performed under other circumstances, but which under existing circumstances cannot : ...e. g. release of a non-existent debt, or manumission of a slave who is dead. Between these, however, and those which are objectively impos- sible there is, in general, no difference of treatment or effect : Dig. 28.
5. 4. 3 ; ib. 7. 6 ; Savigny, System iii. p. 165. A contract made subject to an impossible condition was void, Bk. iii. 19. 11 inf. : the Proculians had maintained the same of testamentary dispositions, but the Sabinians held that an impossible condition in a will ought to be taken pro non scripto, though Gaius himself (iii.


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