Reference address : https://ellopos.net/elpenor/rome/1-11-law-justice.asp?pg=10

ELPENOR - Home of the Greek Word

Three Millennia of Greek Literature
Constantinople Home Page  

Please note that Mommsen uses the AUC chronology (Ab Urbe Condita), i.e. from the founding of the City of Rome. You can use this reference table to have the B.C. dates

THE HISTORY OF OLD ROME

I. The Period Anterior to the Abolition of the Monarchy

From: The History of Rome, by Theodor Mommsen
Translated with the sanction of the author by William Purdie Dickson


The History of Old Rome

CHAPTER XI - Law and Justice

ELPENOR EDITIONS IN PRINT

The Original Greek New Testament

» Contents of this Chapter

Page 10

Nevertheless it was not in the power of the father arbitrarily to deprive his children of their right of inheritance, because he could neither dissolve the paternal power nor execute a testament except with consent of the whole community, which might be, and certainly under such circumstances often was, refused. In his lifetime no doubt the father might make dispositions disadvantageous to his children; for the law was sparing of personal restrictions on the proprietor and allowed, upon the whole, every grown-up man freely to dispose of his property.

The regulation, however, under which he who alienated his hereditary property and deprived his children of it was placed by order of the magistrate under guardianship like a lunatic, was probably as ancient as the period when the arable land was first divided and thereby private property generally acquired greater importance for the commonwealth. In this way the two antagonistic principles--the unlimited right of the owner to dispose of his own, and the preservation of the family property unbroken--were as far as possible harmonized in the Roman law. Permanent restrictions on property were in no case allowed, with the exception of servitudes such as those indispensable in husbandry.

Heritable leases and ground-rents charged upon property could not legally exist. The law as little recognized mortgaging; but the same purpose was served by the immediate delivery of the property in pledge to the creditor as if he were its purchaser, who thereupon gave his word of honour (-fiducia-) that he would not alienate the object pledged until the payment fell due, and would restore it to his debtor when the sum advanced had been repaid.

Previous / First / Next Page of this Chapter

Do you see any typos or other mistakes? Please let us know and correct them

The History of Old Rome: Contents ||| The Medieval West | The Making of Europe | Constantinople Home Page

Three Millennia of Greek Literature

Receive updates :

Learned Freeware

Reference address : https://ellopos.net/elpenor/rome/1-11-law-justice.asp?pg=10