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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