The Institutes; a Text-Book of the History And System of Roman Private Law
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Communio, or community of property, gives rise, as between the co-proprietors, to a relationship similar to societas. The rights and duties of the parties inter se are as follows : (i) Either party can claim a partition from the other. If the thing is divisible, it is physically divided ; if it is indivisible, one party is awarded the whole, subject to an obligation to compensate the other. (2) Either party can claim to be indemnified for expenses necessarily incurred on behalf of the other. (3...) Either party is bound to show the diligentia quam suis rebus, i. e.' he is bound to treat the common property with the same care as he would treat his own, failing which he is liable for damages. There are three kinds of communio, according as the parties have the same property, the same inheritance, or the same THE LAW OF OBLIGATIONS 429 boundaries in common. ' Community of boundaries ' occurs where § 83.
the true boundaries are no longer ascertainable. Corresponding to these three kinds of communio there are three partition suits, or ' judicia divisoria.' Where common property is to be divided, the actio communi dividundo applies ; where a common inheritance is to be divided, the actio famihae erciscundae ; where common boundaries are concerned, the actio finium regundorum.
What to read after The Institutes; a Text-Book of the History And System of Roman Private Law?
You can find similar books in the "Read Also" column, or choose other free books by Sohm, Rudolf, 1841-1917 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Communio, or community of property, gives rise, as between the co-proprietors, to a relationship similar to societas. The rights and duties of the parties inter se are as follows : (i) Either party can claim a partition from the other. If the thing is divisible, it is physically divided ; if it is indivisible, one party is awarded the whole, subject to an obligation to compensate the other. (2) Either party can claim to be indemnified for expenses necessarily incurred on behalf of the other. (3...) Either party is bound to show the diligentia quam suis rebus, i. e.' he is bound to treat the common property with the same care as he would treat his own, failing which he is liable for damages. There are three kinds of communio, according as the parties have the same property, the same inheritance, or the same THE LAW OF OBLIGATIONS 429 boundaries in common. ' Community of boundaries ' occurs where § 83.
the true boundaries are no longer ascertainable. Corresponding to these three kinds of communio there are three partition suits, or ' judicia divisoria.' Where common property is to be divided, the actio communi dividundo applies ; where a common inheritance is to be divided, the actio famihae erciscundae ; where common boundaries are concerned, the actio finium regundorum.
What to read after The Institutes; a Text-Book of the History And System of Roman Private Law?
You can find similar books in the "Read Also" column, or choose other free books by Sohm, Rudolf, 1841-1917 to read onlineMoreLess
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