Persons not sui juris detained by those not entitled to their guardianship or lunatics, or persons kidnapped, habeas corpus ad subjiciendum seems not to have been the ordinary common law remedy.
In 1708 he published his De ratione studiorum, in 1710 De antiquissima Italorum sapientia, in 1720 De universi juris uno principio et fine uno, and in 1721 De constantia jurisprudentis.
The first of these, De uno et universi juris principio et fine uno, was subdivided into two parts; so like.
Bruns, Fontes juris Romani, c. 3, No.
Law; Ayliffe, Parergon juris ecclesiastici, p. 161; Godolphin, Abridgement of the Laws Ecclesiastical, p. 8).
The Austrian bishops, however, maintain their tribunals for spiritual purposes, and insist that such things as divorced vinculo must be granted by their authority (Aichner, Compendium juris ecclesiastici, pp. 551-553).
197 et seq.; p. 403 et seq.; Tauber, Manuale juris canonici, Sabariae, 1904, p. 277).
Ayliffe, Parergon juris ecclesiastici (1726); J.
Gibson, Codex juris ecclesiastici (Oxford, 1761); D.
Sanguineti, Juris ecc. inst.
Aichner, Compendium juris ecclesiast.
Hackett, History of the Orthodox Church in Cyprus (1901); Tauber, Manuale juris canonici (1906); E.
At this period he wrote two important works which, owing to the distracted state of public affairs, remained unpublished, Institutiones juris ecclesiastici and Praelectiones juris ecclesiastici.
The diet, which met at Buda in hot haste, proclaimed the young king 2 dictator, 1 The Opus tripartitum juris consuetudinarii regni Hungariae was drawn up by Verbbczy at the instance of the diet in 1507.
He studied at Erfurt and in Italy, where he took his degree of doctor utriusque juris at Ferrara and devoted himself more especially to the study of Greek.
A well-known legal maxim runs: ignorantia juris non excusat ("ignorance of the law does not excuse").
So far as regards criminal offences, the maxim as to ignorantia juris admits of no exception, even in the case of a foreigner temporarily in England, who is likely to be ignorant of English law.
Allgemeines historisches Lexikon (Leipzig, 1709 ff.); Historia Ecclesiastica Veteris Testamenti (4 vols., Halle, 1709); Elementa Philosophiae Practicae, Instrumentalis, et Theoreticae (3 vols., 1697); Selecta Juris Naturae et Gentium (Halle, 1704); Miscellanea Sacra (3 vols., Jena, 1727); and Isagoge Historico-Theologica ad Theologiam Universam, singulasque ejus pales (2 vols., 1727).
The legal character of this transaction is summed up in a well-known passage in the Digest: - Interdictum de precariis merito introductum est, quia nulla eo nomine juris civilis actio esset, magis enim ad donationes et beneficii causam, quam ad negotii contracts spectat precarii conditio.
Historical journalism was first represented by Electa juris publici (1709), philology by Neue acerra philologica (1715-1723), philosophy by the Ada philosophorum (1715-1727), medicine by Der patriotische Medikus (1725), music by Der musikalische Patriot (1725), and education by Die Matrone (1728).
Thomas Aquinas was the first theologian to describe the Church as a divinely organized absolute monarchy, whose head concentrated in his person the entire authority of the Church, and was the source of all the ecclesiastical law (conditor juris), issuing the decrees of general councils in his own name, and claiming the right to revoke or modify the decrees of former councils - indeed, to make exceptions or to set aside altogether anything which did not rest upon the dictates of divine or natural law.
"Suprematum illi tribuo qui non tantum domi subditos manu militari regit, sed et qui exercitum extra fines ducere et armis, foederibus, legationibus, ac caeteris juris gentium functionibus aliquid momenti ad rerum Europae generalium summam conferre potest" (Leibnitz, Opera, 4.333).
His most important works were Introductio in controversies juris civilis recentioris (Jena, 1771) and Geschichte der in Deutschland geltenden Rechte (Jena, 1780).
This partial civitas does not seem to have been entirely replaced, as in Italy, by the grant of full privileges to the communities possessing it, and the distinction survived for some time in the provinces between coloniae, municipia juris Romani, and municipia juris Latini.
Authorities.-C. Bruns, Fontes juris romani, c. III., No.
Compensation, in its most familiar sense, is however a nomen juris for the reparation or satisfaction made to the owners of property which is taken by the state or by local authorities or by the promoters of parliamentary undertakings, under statutory authority, for public purposes.
On his return to Rome, about 1622, he took his degree as Doctor utriusque juris, and then became captain of infantry in the regiment of Colonna, which took part in the war in the Valtelline.
The authorities upon the common law in South Africa are: the Dutch commentators upon the civil law, the statute law of Holland, the decisions of the Dutch courts, and, failing these, the corpus juris civilis itself.
Schlyter (1795-1888) as Corpus juris Sveo-Gotorum antiqui (4 vols., 1827-1869).
OBLIGATION, in law, a term derived from the Roman law, in which obligatio signified a tie of law (vinculum juris) whereby one person is bound to perform or forbear some act for another.
In English law obligation is used in at least four senses - (1) any duty imposed by law; (2) the special duty created by a vinculum juris; (3) not the duty, but the evidence of the duty - that is to say, an instrument under seal, otherwise called a bond; (4) the operative part of a bond.
A perfect obligation is one which is directly enforceable by legal proceedings; an imperfect or moral obligation (the naturalis obligatio of Roman law) is one in which the vinculum juris is in some respects incomplete, so that it cannot be directly enforced, though it is not entirely destitute of legal effect.
He continued his studies at Berlin and Bonn, and, having graduated doctor juris, attended lectures at the Ecole de Droit in Paris.
Wenck's Corpus juris gentium recentissimi (3 vols.
From 1839 to 1845 Wolfgang studied law at Bonn, Jena, Heidelberg and Berlin, taking his degree of doctor juris at Heidelberg in 1845.
His most important work was the Corpus juris civilis, originally published at Geneva in 1583, which went through some twenty editions, the most valuable of them being that printed by the Elzevirs at Amsterdam in 1633 and the Leipzig edition of 1740.
The best edition is that of Friedberg (Corpus juris canonici, Leipzig, 1879).
C. von Carmer (1721-1801) on the basis of the Project des Corporis Juris Fridericiani, completed in the year 1749-1751 by the eminent jurist Samuel von Cocceji (1679-1755).