The Institutes of Justinian
In the name of Our Lord, Jesus Christ.
The Emperor Caesar Flavius Justinian, conqueror of the Alamanni, the Goths, the Franks, the Germans, the Antes, the Alani, the Vandals, the Africans, pious, prosperous, renowned, victorious, and triumphant, ever august,
To the youth desirous of studying the law:
The imperial majesty should be armed with laws as well as glorified with arms, that there may be good government in times both of war and of peace, and the ruler of Rome may not only be victorious over his enemies, but may show himself as scrupulously regardful of justice as triumphant over his conquered foes.
With deepest application and forethought, and by the blessing of God, we have attained both of these objects. The barbarian nations which we have subjugated know our valour, Africa and other provinces without number being once more, after so long an interval, reduced beneath the sway of Rome by victories granted by Heaven, and themselves bearing witness to our dominion. All peoples too are ruled by laws which we have either enacted or arranged. Having removed every inconsistency from the sacred constitutions, hitherto inharmonious and confused, we extended our care to the immense volumes of the older jurisprudence; and, like sailors crossing the mid-ocean, by the favour of Heaven have now completed a work of which we once despaired. When this, with God's blessing, had been done, we called together that distinguished man Tribonian, master and exquaestor of our sacred palace, and the illustrious Theophilus and Dorotheus, professors of law, of whose ability, legal knowledge, and trusty observance of our orders we have received many and genuine proofs, and especially commissioned them to compose by our authority and advice a book of Institutes, whereby you may be enabled to learn your first lessons in law no longer from ancient fables, but to grasp them by the brilliant light of imperial learning, and that your ears and minds may receive nothing useless or incorrect, but only what holds good in actual fact. And thus whereas in past time even the foremost of you were unable to read the imperial constitutions until after four years, you, who have been so honoured and fortunate as to receive both the beginning and the end of your legal teaching from the mouth of the Emperor, can now enter on the study of them without delay. After the completion therefore of the fifty books of the Digest or Pandects, in which all the earlier law has been collected by the aid of the said distinguished Tribonian and other illustrious and most able men, we directed the division of these same Institutes into four books, comprising the first elements of the whole science of law. In these the law previously obtaining has been briefly stated, as well as that which after becoming disused has been again brought to light by our imperial aid. Compiled from all the Institutes of our ancient jurists, and in particular from the commentaries of our Gaius on both the Institutes and the common cases, and from many other legal works, these Institutes were submitted to us by the three learned men aforesaid, and after reading and examining them we have given them the fullest force of our constitutions.
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THE INSTITUTES OF JUSTINIAN
Fifth Edition (1913)
PROOEMIVM
Contents
BOOK I.
TITLE I. OF JUSTICE AND LAW
TITLE II. OF THE LAW OF NATURE, THE LAW OF NATIONS, AND THE CIVIL LAW
TITLE III. OF THE LAW OF PERSONS
TITLE IV. OF MEN FREE BORN
TITLE V. OF FREEDMEN
TITLE VI. OF PERSONS UNABLE TO MANUMIT, AND THE CAUSES OF THEIR INCAPACITY
TITLE VII. OF THE REPEAL OF THE LEX FUFIA CANINIA
TITLE VIII. OF PERSONS INDEPENDENT OR DEPENDENT
TITLE IX. OF PATERNAL POWER
Our children whom we have begotten in lawful wedlock are in our power.
TITLE X. OF MARRIAGE
TITLE XI. OF ADOPTIONS
TITLE XII. OF THE MODES IN WHICH PATERNAL POWER IS EXTINGUISHED
TITLE XIII. OF GUARDIANSHIPS
TITLE XIV. WHO CAN BE APPOINTED GUARDIANS BY WILL
TITLE XV. OF THE STATUTORY GUARDIANSHIP OF AGNATES
TITLE XVI. OF LOSS OF STATUS
TITLE XVII. OF THE STATUTORY GUARDIANSHIP OF PATRONS
TITLE XVIII. OF THE STATUTORY GUARDIANSHIP OF PARENTS
TITLE XIX. OF FIDUCIARY GUARDIANSHIP
TITLE XX. OF ATILIAN GUARDIANS, AND THOSE APPOINTED UNDER THE LEX IULIA
TITLE XXI. OF THE AUTHORITY OF GUARDIANS
TITLE XXII. OF THE MODES IN WHICH GUARDIANSHIP IS TERMINATED
TITLE XXIII. OF CURATORS
TITLE XXIV. OF THE SECURITY TO BE GIVEN BY GUARDIANS AND CURATORS
TITLE XXV. OF GUARDIANS' AND CURATORS' GROUNDS OF EXEMPTION
TITLE XXVI. OF GUARDIANS OR CURATORS WHO ARE SUSPECTED
BOOK II.
TITLE I. OF THE DIFFERENT KINDS OF THINGS
TITLE II. OF INCORPOREAL THINGS
Some things again are corporeal, and others incorporeal.
TITLE III. OF SERVITUDES
TITLE IV. OF USUFRUCT
TITLE V. OF USE AND HABITATION
TITLE VI. OF USUCAPION AND LONG POSSESSION
TITLE VII. OF GIFTS
TITLE VIII. OF PERSONS WHO MAY, AND WHO MAY NOT ALIENATE
TITLE IX. OF PERSONS THROUGH WHOM WE ACQUIRE
TITLE X. OF THE EXECUTION OF WILLS
TITLE XI. OF SOLDIERS' WILLS
TITLE XII. OF PERSONS INCAPABLE OF MAKING WILLS
TITLE XIII. OF THE DISINHERISON OF CHILDREN
TITLE XIV. OF THE INSTITUTION OF THE HEIR
TITLE XV. OF ORDINARY SUBSTITUTION
TITLE XVI. OF PUPILLARY SUBSTITUTION
TITLE XVII. OF THE MODES IN WHICH WILLS BECOME VOID
TITLE XVIII. OF AN UNDUTEOUS WILL
TITLE XIX. OF THE KINDS AND DIFFERENCES BETWEEN HEIRS
TITLE XX. OF LEGACIES
TITLE XXI. OF THE ADEMPTION AND TRANSFERENCE OF LEGACIES
TITLE XXII. OF THE LEX FALCIDIA
TITLE XXIII. OF TRUST INHERITANCES
TITLE XXIV. OF TRUST BEQUESTS OF SINGLE THINGS
TITLE XXV. OF CODICILS
BOOK III.
TITLE I. OF THE DEVOLUTION OF INHERITANCES ON INTESTACY
TITLE II. OF THE STATUTORY SUCCESSION OF AGNATES
TITLE III. OF THE SENATUSCONSULTUM TERTULLIANUM
TITLE IV. OF THE SENATUSCONSULTUM ORFITIANUM
TITLE V. OF THE SUCCESSION OF COGNATES
TITLE VI. OF THE DEGREES OF COGNATION
TITLE VII. OF THE SUCCESSION TO FREEDMEN
TITLE VIII. OF THE ASSIGNMENT OF FREEDMEN
TITLE IX. OF POSSESSION OF GOODS
TITLE X. OF ACQUISITION BY ADROGATION
TITLE XIII. OF OBLIGATIONS
TITLE XV. OF VERBAL OBLIGATION
TITLE XVI. OF STIPULATIONS IN WHICH THERE ARE TWO CREDITORS OR TWO
TITLE XVII. OF STIPULATIONS MADE BY SLAVES
TITLE XVIII. OF THE DIFFERENT KINDS OF STIPULATIONS
TITLE XIX. OF INVALID STIPULATIONS
TITLE XX. OF FIDEJUSSORS OR SURETIES
TITLE XXI. OF LITERAL OBLIGATION
TITLE XXII. OF OBLIGATION BY CONSENT
TITLE XXIII. OF PURCHASE AND SALE
TITLE XXIV. OF LETTING AND HIRING
TITLE XXV. OF PARTNERSHIP
TITLE XXVI. OF AGENCY
TITLE XXVII. OF QUASI-CONTRACTUAL OBLIGATION
TITLE XXVIII. OF PERSONS THROUGH WHOM WE CAN ACQUIRE OBLIGATIONS
TITLE XXIX. OF THE MODES IN WHICH OBLIGATIONS ARE DISCHARGED
BOOK IV.
TITLE I. OF OBLIGATIONS ARISING FROM DELICT
TITLE II. OF ROBBERY
TITLE III. OF THE LEX AQUILIA
TITLE IV. OF INJURIES
TITLE V. OF QUASI-DELICTAL OBLIGATIONS
TITLE VI. OF ACTIONS
TITLE VII. OF CONTRACTS MADE WITH PERSONS IN POWER
TITLE VIII. OF NOXAL ACTIONS
TITLE IX. OF PAUPERIES, OR DAMAGE DONE BY QUADRUPEDS
TITLE X. OF PERSONS THROUGH WHOM WE CAN BRING AN ACTION
TITLE XI. OF SECURITY
TITLE XII. OF ACTIONS PERPETUAL AND TEMPORAL, AND WHICH MAY BE BROUGHT
TITLE XIII. OF EXCEPTIONS
TITLE XIV. OF REPLICATIONS
TITLE XV. OF INTERDICTS
TITLE XVI. OF THE PENALTIES FOR RECKLESS LITIGATION
TITLE XVII. OF THE DUTIES OF A JUDGE
TITLE XVIII. OF PUBLIC PROSECUTIONS