A Compendious View of the Civil Law, and of the Law of the Admiralty
by Arthur Browne (9781443279239)

A Compendious View of the Civil Law, and of the Law of the Admiralty
 
Arthur Browne
Release Date: 10 December 0140
Format: Paperback
Pages: 124
Category: Administrative Law & Regulatory Practice
Publisher: Cambridge Scholars Publishing
ISBN: 9781443279239
ISBN-10: 1443279234



Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3ON THE CIVIL LAW. BOOK I. OF THE RIGHTS OF PERSONS. CHAPTER I. HUSBAND AND WIFE. T, HOSE branches of the civil law, to which modern inftitutions bear no analogy, and which therefore only tend to fatisfy curiofity, or illuftrate hiftory, may be here treated in a more ffight and general manner. Such, for example, are fervitude, paternal power, and adoption; but where the rules of the Roman code have given rife either directly, or by analogy, to the regulations of our laws, or where they form the law and practice either of our maritime or ecclefiaftical courts, J muft beg leave to unfold them more minutely and in detail. This is peculiarly the cafe on the fubject to which we now proceed, the relation between hufbaud and wife, the contract of mar- Vol. i. B riage. In many inftanccs the law of marriage, both in our temporal and ecclefiaftical courts, is derived from the Roman inftitutions; indeed, in moft, except where the precepts of our holy religion have interfered, and forbade the admif- fion of rules contrary to its purity. The fubject is the more important to the civilian, becaufe ifc conftitutes one grand divifion of thofe caufes which come under the cognizance of the fpiritual courts, which are (except thofe which are merely textit{pro falute animcs) divided into pecuniary, tefta- mentary, and matrimonial (1).. Marriage is confidered in various lights by different laws. The Roman had refpect principally to its civil effects, as it produced in the hufband and wife a mutual participation of benefits and sight; it was therefore denned, textit{omnis vita? con- Jbrfium, humaki Sf D'wini Juris commumcatio* I do not mean that the Romans omitted all religious rites on the perfection of this contract, but tbeir laws viewed it merely as a civil covenant, however Heaven might prefide over i...

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