Private Law Among the Romans : From the Pandects
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t. Cod. de non " "Autre ccntrahitur obligatio aut num. pec. 14. § i. § 3.
254 ROMAN PRIVATE LAW.
[CH. XII.
the statement; in such a case he could not plead that he had never received the money \ 1 n. 12. 3. 25. § 3 : "Sin autem cautio indebite exposita esse dicatur, tunc eum in quem cautio exposita est compelli debitum esse ostendere quod in cautionem deduxit, nisi ipse spe- cialiter qui cautionem exposuit causas explanavit pro quibus eandem con- scripsit. Tunc enim stare eum oportet SU83 confe...ssioni nisi evidentissimis probationibus in scriptis habitis osten- dere paratus sit sese hsec indebite pro- misisse." The whole law, notwith- standing one passage which I suspect to be an interpolation of the detestable age of Tribonian (alia simplicitate gaudens et desidise deditus) ought to be studied carefully. We shall look in vain in our wilderness of various un- digested crotchets, called Reports, for an equally concise and lucid summary of the rules which ought to govern the practice of courts in admitting the contradiction of a written document.
What to read after Private Law Among the Romans : From the Pandects?
You can find similar books in the "Read Also" column, or choose other free books by Phillimore, John George, 1808-1865 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
t. Cod. de non " "Autre ccntrahitur obligatio aut num. pec. 14. § i. § 3.
254 ROMAN PRIVATE LAW.
[CH. XII.
the statement; in such a case he could not plead that he had never received the money \ 1 n. 12. 3. 25. § 3 : "Sin autem cautio indebite exposita esse dicatur, tunc eum in quem cautio exposita est compelli debitum esse ostendere quod in cautionem deduxit, nisi ipse spe- cialiter qui cautionem exposuit causas explanavit pro quibus eandem con- scripsit. Tunc enim stare eum oportet SU83 confe...ssioni nisi evidentissimis probationibus in scriptis habitis osten- dere paratus sit sese hsec indebite pro- misisse." The whole law, notwith- standing one passage which I suspect to be an interpolation of the detestable age of Tribonian (alia simplicitate gaudens et desidise deditus) ought to be studied carefully. We shall look in vain in our wilderness of various un- digested crotchets, called Reports, for an equally concise and lucid summary of the rules which ought to govern the practice of courts in admitting the contradiction of a written document.
What to read after Private Law Among the Romans : From the Pandects?
You can find similar books in the "Read Also" column, or choose other free books by Phillimore, John George, 1808-1865 to read onlineMoreLess
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