Compendium of modern civil law / by Ferdinand Mackeldey ; edited by Philip Ignatius kaufmann.
1845
Online
Details
Title
Compendium of modern civil law / by Ferdinand Mackeldey ; edited by Philip Ignatius kaufmann.
Author
Edition
from 12th German edition
Imprint
New York : The Editor, 1845.
Language
English
Description
1 online resource (volume 1: xl, 400 pages) PDF
Call Number
Online
Formatted Contents Note
First division: Definitions of law and legal science
I. Right and law in general
II. Law in regard to human action
Second division: History of the sources of the Roman law
I. Roman law and its history
II. Sources of the history of the Roman law
Ill. Periods of the history of the Roman law
First period: From the origin of the Roman state to the twelve tables
Origin of the State of Rome
Commencement of the Republic
The twelve tables
Second period: From the twelve tables to the time of Cicero
Political condition of the Republic, in its highest state of development
Law Sources of this Period
Third period: From Cicero to Alexander Severus
Change of the Political Condition of Rome
Law Sources of this period
Fourth period: From Alexander Severus to Justinian
Downfall of the Roman Empire
Alterations of the Roman Law
Decline of Legal Science
Law Sources at the beginning of the fifth Century
Codex Gregorianus et Hermogenianus
Codex Theodosianus
Later Constitutions of Theodosius
Legal Writings before Justinian
Further Vicissitudes of the Roman Law
Epitome Juliani and Versio Vulgata Novellarum
Manner of Citing the Novels
Third division: History of the Roman law after Justinian
I. In the East
Greek translations of Justinian's law collections
The Basilica and Leo's novels
Constantinus Harmenopulus
Romano-Greek law in modem Greece
II. In the West
Roman law in Italy
Roman law in France
Fourth division: Reception of the Roman law into German
Sources of the earliest German law
Oldest German law collections
Revision of them under Charlemagne
Capitularia of the kings of the Franks
Books of forms
German law collections of the middle ages
Roman law in Germany
Fifth division: Collections of the sources of Roman Law
Collections of the Ante-Justinian law sources
Corpus Juris Civilis
Appendices to the Corpus Juris Civilis
Editions of the whole Corpus Juris
Editiones reconcinnata. and Chrestomathies
Sixth division: Methods of teaching, and literature of the Roman law
In general
Method of the Glossators
Later methods
Importance of exegetical study
Literature of the Roman law
General part
First division: General legal views of the Romans
I. Jus et Justitia
II. Divisions of Jus
System of the Roman private law
Modern systems
Second division: Of persons
General definition
Different capacities united in one person
Chapter I: Physical persons.
I. Capacity for rights in general
II. Civil capacity for rights among the Romans
III. Other distinctions between men
IV. Death
Chapter II: Juridical persons.
I. General definition
II. Corporations
III. Fiscus
IV. Piae Causae
Third division: Of things
I. Corporeal and incorporeal
II. Moveable and immoveable things
IIl. Things to be furnished in genere and specie
IV. Single things and universitas rerum
V. Things divisible and indivisible
VI. Res existentes et future
VII. Things principal and accessory
of Things with respect to ownership
A. Things without an owner
B. Res private, universitatis, et publicae
Fourth division: Right and the prosecution of them.
Chapter I: Of rights in general.
Form of legal transactions
Constituent parts of legal transactions
Invalidity of legal transactions
Interpretation of legal transactions
Acquisition of rights
Maintenance of rights
Termination of rights
Time in relation to rights
Chapter II: Rights and privileges
1. Jus commune and singulare in general
2. Privilege in particular
3. Concurrence and collision of rights and privileges
Chapter IIl: Prosecution of rights.
I. Actions
II. Litis Contestatio
III. Exceptions
IV. Replication and duplication
V. Res Judicata
Chapter IV: Extraordinary prosecution of rights
Interdicts
Restitution
Special Part
First book: real rights
Nature of Real Rights
Their different Kinds
Chapter I: Possession
Title first: In general
I. Nature of Possession
II. Acquisition of Possession
III. Loss of Possession
Title second: Interdicts and Novi Operis Nunciatio
Interdicts
I. Nature of interdicts
II. Kinds of interdicts
III. Possessory interdicts in particular
Novi Operis Nunciatio
A. In general
B. Its nature
C. Its effect
Chapter II: Property
Title first: Definition and nature of property.
I. Meaning of the term property
II. Free and burdened property
III. Revocable property
IV. Joint property
Title second: Acquisition of property
I. General requisites
II. Modes of acquisition
Title third: Rights of the proprietor
I. In General
II. Legal Restrictions of property
III. Rights of joint-owners
IV. Actions
Title fourth: Loss of property
Chapter III: Servitudes
Title first: Nature and general principles.
I. Servitude of a thing
II. General principles of servitudes
Title second: Single kinds of servitudes
General classification
I. Personal servitudes
II. Predial servitudes
Title third: Origin and termination of servitudes.
I. Of their origin
II. Termination of servitudes
Title fourth: Actions relating to servitudes.
I. Petitory actions
II. Possessory actions
Chapter IV: Emphyteusis
I. Its nature
II. Rights of the Emphyteuta
III. Duties of the Emphyteuta
IV. Acquisition of Emphyteusis
V. Extinction of Emphyteusis
Chapter V: Superficies
I. Its nature
II. Rights and Duties of the Superficiary
III. Acquisition and Termination of Superficies
Chapter VI: Rights of Pawn and Mortgage.
History of their Origin
1. In General
2. Among the Romans
3. Modern Pawn and Mortgage
Title first: General Nature of Mortgages.
I. Definition
II. Prerequisites
III. Extent of the Right of Pawn and Mortgage
Title second: Establishment of Mortgages
I. By Private Will
II. By a Judicial Act
III. By operation of Law
Title third: Effects of a Pawn or Mortgage.
I. In General
II. Concurrent Mortgages
III. Actions of the Mortgagee
Title fourth: Extinction of Mortgages
I. From General Causes
II. From Peculiar Causes
I. Right and law in general
II. Law in regard to human action
Second division: History of the sources of the Roman law
I. Roman law and its history
II. Sources of the history of the Roman law
Ill. Periods of the history of the Roman law
First period: From the origin of the Roman state to the twelve tables
Origin of the State of Rome
Commencement of the Republic
The twelve tables
Second period: From the twelve tables to the time of Cicero
Political condition of the Republic, in its highest state of development
Law Sources of this Period
Third period: From Cicero to Alexander Severus
Change of the Political Condition of Rome
Law Sources of this period
Fourth period: From Alexander Severus to Justinian
Downfall of the Roman Empire
Alterations of the Roman Law
Decline of Legal Science
Law Sources at the beginning of the fifth Century
Codex Gregorianus et Hermogenianus
Codex Theodosianus
Later Constitutions of Theodosius
Legal Writings before Justinian
Further Vicissitudes of the Roman Law
Epitome Juliani and Versio Vulgata Novellarum
Manner of Citing the Novels
Third division: History of the Roman law after Justinian
I. In the East
Greek translations of Justinian's law collections
The Basilica and Leo's novels
Constantinus Harmenopulus
Romano-Greek law in modem Greece
II. In the West
Roman law in Italy
Roman law in France
Fourth division: Reception of the Roman law into German
Sources of the earliest German law
Oldest German law collections
Revision of them under Charlemagne
Capitularia of the kings of the Franks
Books of forms
German law collections of the middle ages
Roman law in Germany
Fifth division: Collections of the sources of Roman Law
Collections of the Ante-Justinian law sources
Corpus Juris Civilis
Appendices to the Corpus Juris Civilis
Editions of the whole Corpus Juris
Editiones reconcinnata. and Chrestomathies
Sixth division: Methods of teaching, and literature of the Roman law
In general
Method of the Glossators
Later methods
Importance of exegetical study
Literature of the Roman law
General part
First division: General legal views of the Romans
I. Jus et Justitia
II. Divisions of Jus
System of the Roman private law
Modern systems
Second division: Of persons
General definition
Different capacities united in one person
Chapter I: Physical persons.
I. Capacity for rights in general
II. Civil capacity for rights among the Romans
III. Other distinctions between men
IV. Death
Chapter II: Juridical persons.
I. General definition
II. Corporations
III. Fiscus
IV. Piae Causae
Third division: Of things
I. Corporeal and incorporeal
II. Moveable and immoveable things
IIl. Things to be furnished in genere and specie
IV. Single things and universitas rerum
V. Things divisible and indivisible
VI. Res existentes et future
VII. Things principal and accessory
of Things with respect to ownership
A. Things without an owner
B. Res private, universitatis, et publicae
Fourth division: Right and the prosecution of them.
Chapter I: Of rights in general.
Form of legal transactions
Constituent parts of legal transactions
Invalidity of legal transactions
Interpretation of legal transactions
Acquisition of rights
Maintenance of rights
Termination of rights
Time in relation to rights
Chapter II: Rights and privileges
1. Jus commune and singulare in general
2. Privilege in particular
3. Concurrence and collision of rights and privileges
Chapter IIl: Prosecution of rights.
I. Actions
II. Litis Contestatio
III. Exceptions
IV. Replication and duplication
V. Res Judicata
Chapter IV: Extraordinary prosecution of rights
Interdicts
Restitution
Special Part
First book: real rights
Nature of Real Rights
Their different Kinds
Chapter I: Possession
Title first: In general
I. Nature of Possession
II. Acquisition of Possession
III. Loss of Possession
Title second: Interdicts and Novi Operis Nunciatio
Interdicts
I. Nature of interdicts
II. Kinds of interdicts
III. Possessory interdicts in particular
Novi Operis Nunciatio
A. In general
B. Its nature
C. Its effect
Chapter II: Property
Title first: Definition and nature of property.
I. Meaning of the term property
II. Free and burdened property
III. Revocable property
IV. Joint property
Title second: Acquisition of property
I. General requisites
II. Modes of acquisition
Title third: Rights of the proprietor
I. In General
II. Legal Restrictions of property
III. Rights of joint-owners
IV. Actions
Title fourth: Loss of property
Chapter III: Servitudes
Title first: Nature and general principles.
I. Servitude of a thing
II. General principles of servitudes
Title second: Single kinds of servitudes
General classification
I. Personal servitudes
II. Predial servitudes
Title third: Origin and termination of servitudes.
I. Of their origin
II. Termination of servitudes
Title fourth: Actions relating to servitudes.
I. Petitory actions
II. Possessory actions
Chapter IV: Emphyteusis
I. Its nature
II. Rights of the Emphyteuta
III. Duties of the Emphyteuta
IV. Acquisition of Emphyteusis
V. Extinction of Emphyteusis
Chapter V: Superficies
I. Its nature
II. Rights and Duties of the Superficiary
III. Acquisition and Termination of Superficies
Chapter VI: Rights of Pawn and Mortgage.
History of their Origin
1. In General
2. Among the Romans
3. Modern Pawn and Mortgage
Title first: General Nature of Mortgages.
I. Definition
II. Prerequisites
III. Extent of the Right of Pawn and Mortgage
Title second: Establishment of Mortgages
I. By Private Will
II. By a Judicial Act
III. By operation of Law
Title third: Effects of a Pawn or Mortgage.
I. In General
II. Concurrent Mortgages
III. Actions of the Mortgagee
Title fourth: Extinction of Mortgages
I. From General Causes
II. From Peculiar Causes
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