Pandects

Pandects in United States

Pandects Definition

In civil law. The name of an abridgment or compilation of the civil law, made by Tribonian and others, by order of the emperor Justinian, and to which he gave the force of law A. D. 533. It is also known by the name of the Digest, because in his compilation of writings of the jurists were reduced to order and condensed quasi digestiae. The emperor, in 530, published an ordinance entitled De Conceptione Digestorum, which was addressed to Tribonian, and by which he was required to select some of the most distinguished lawyers to assist him in composing a collection of the best decisions of the ancient lawyers, and compile them in fifty books, without confusion or contradiction. The instructions of the emperor were to select what was useful, to omit what was antiquated or superfluous, to avoid contradictions, and, by the necessary changes, to produce a complete body of law. This work was a companion to the Code of Justinian, and was to be governed in its arrangement ,of topics by the method of the Code. Justinian allowed the commissioners, who were sixteen in number, ten years to compile it; but the work was completed in three years, and promulgated in 533. A list of the writers from whose works the collection was made, and an account of the method pursued by the commissioners, will be found in Smith Diet. Gr. & R. Ant. The Digest, although compiled in Constantinople, was originally written in Latin, and afterwards translated into” Greek. The Digest is divided in two different ways : The first into fifty books, each book into several titles, and each title into several extracts or leges, and at the head of each series of extracts is the name of the lawyer from whose work they were taken. The first book contains twenty-two titles. The subject of the first is De JuaUcia et Jure, of the division of persons and things, of magistrates, etc. The second, divided into fifteen titles, treats of the power of magistrates and their jurisdiction, the manner of commencing suits, of agreements and compromiaes. The third, composed of six titles, treats of those who can and thbse who cannot sue, of advocates and attorneys and syndics, and of calumny. The fourth, divided into nine titles, treats of causes of restitution, of submissions and arbitrations, of minors, carriers by water, innkeepers, and those who have the care of the property of others. In the fifth there are six titles, which treat of jurisdiction and inoflScious testaments. The subject of the sixth, in which there are three titles, is actions. The seventh, in nine titles, embraces whatever concerns usufructs, personal servitudes, habitations, the uses of real estate and its appurtenances, and of the sureties required of the usufructuary. The eighth book, in six titles, regulates urban and rural servitudes. The ninth book, in four titles, explains certain personal actions. The tenth in four titles, treats of mixed actions. The object of the eleventh book, containing eight titles, is to regulate interrogatories, the cases of which the judge was to take cognizance, fugitive slaves, of gamblers, of surveyors who made false reports, and of funerals and funeral expenses. The twelfth book, in seven titles, regulates personal actions in which the plaintiff claims the title of a thing. The thirteenth, in seven titles, and the fourteenth, in six titles, regulate certain actions. The fifteenth, in four titles, treats of actions to which a father or master is liable in consequence of the acts of his children or slaves, and those to which he is entitled, of the peculium of children and slaves, and of the actions on this right. The sixteenth, in three titles, contains the law relating to the senatus consultum Velleianum, of compensation or set-off, and of the action of deposit. The seventeenth, in two titles, expounds the law of mandates and partnership. The eighteenth book, in seven titles, explains the contract of sale. The nineteenth, in five titles, treats of the actions which arise on a contract of sale. The law relating to pawns, hypothecation, the preference among creditors, and subrogation, occupy the twentieth book, which contains six titles. The twenty-first book explains, under three titles, the edict of the ediles relating to the sale of slaves and animals, then what relates to evictions and warranties. The twenty-second book, in six titles, treats of interest, profits, and accessories of things, proofs, presumptions, and of ignorance of law and fact. The twentythird, in five titles, contains the law of marriage, and its accompanying a elements. The twenty-fourth, in three titles, and the twenty-fifth, in seven titles, regulate donations between husband and wue, divorces, and their consequence. The twenty-sixth and twenty-seventh, each in two titles, contain the law rdating to tutorship and curatorship. The twentyeighth, in eight titles, and the twenty-mnJh, in seven, contain the law on last will and testaments. The thirtieth, thirty-first, and thirty-second, each divided. into two titles, contain the law of trusts and specific legacies. The thirty-third, thirly-fourtti, and thirty-fifth the first divided Into ten titles, the second into nine titles, and the last into three titles treat of various kinds of legacies. The thirty-sixth, containing four titles, explains the senatus coneultum Trebellianunn, and the time when trusts become due. The thirty-seventh book, contains fifteen titles, has two objects, to regulate successions, and to declare the respect which children owe their parents, and freedmen their patrons. The thirty-eighth book, in seventeen titles, treats of a variety of subjects of successions, and of the degree of kindred in successions; of possession; and of heirs. The thirty-ninth explains the means which the law and the praetor take to prevent a threatened injury, and donations inter vivos and mortis causa. The fortieth, in sixteen titles, treats of the state and condition of persons, and of what relates to freedmen and liberty. The different means of acquiring and losing title to property are explained in the forty-first book, in ten titles. The forty-second, in eight titles, treats of the res judicata, and of the seizure and sale of the property of a debtor. Interdicts, or possessory actions, are the object of the forty-third book, in three titles. The forty-fourth contains an enumeration of defenses which arise in consequence of the res judicata, from the lapse of time, prescription, and the like. This occupies six titles; the seventh treats of obligations and actions. The forty-fifth speaks of stipulations, by freedmen or by slaves. It contains only three titles. The forty-sixth, in eight titles, treats of securities, novations and delegations, payments, releases, and acceptilations. In the forty-seventh book are explained the punishments inflicted for private crimes, de privatis delictis, among which are included larcenies, slander, libels, offenses against religion and public manners, removing boundaries, and similar offenses. The fortyeighth book treats of public crimes, among which are enumerated those of laesae-majestatis, adultery, murder, poisoning, parricide, extortion, and the like, with rules for procedure in such cases. The forty-ninth, in eighteen titles, treats of appeals, of the rights of the public treasury, of those who are in captivity, and of their repurchase. The fiftieth and last book, in seventeen titles, explains the rights of municipalities, and then treats of a variety of public officers. These fifty books are allotted in seven parts: The first contains the first four books; the second, from the fifth to the eleventh book, inclusive; the third, from the twelfth to the nineteenth, inclusive; the fourth, from the twentieth to the twentyseventh, inclusive; the fifth, from the twenty-eighth to the thirty-sixth, inclusive; the sixth commences with the thirty-seventh, and ends with the forty-seventh book; and the seventh, or last, is composed of the last six books. The division into digestum vetus (book first to and including title second of book twenty-four
th), digestum’ infortiatum (title third of book twenty-fourth, to and including book thirty-eighth), and digestum novum (from book thirty-ninth to the end) , has reference to the order in which these three parts appeared. Th6 Pandects are more usually cited by English and American jurists by numbers, thus: Dig. 23. 3. 6. 6, meaning book 23, title 8, law or fragment 6, section 6; sometimes, also, otherwise, as, D. 23. 3. fr. 6, § 6; or fr. 6, § 6. D. 28. 3. The old mode of citing was by titles and initial words, thus: D. de jure dotium, L. profectitia, § si pater; or the same references in reverse order. Prom this afterwards originated the following: L. profectitia, 5. § se pater, 6. D. de jure dotium, and, lastly, L. 5. § 6. D. de jure dotium, which is the form commonly used by the continental jurists of Europe. 1 Hackeld. Civ. Law, pp. 54, 55, § 65. And see Tayl. Civ. Law, 24, 25. The abbreviation ff. was commonly used instead of Dig. or Pandects. The Pandects as well, indeed, as all Justinian’s laws, except some fragments of the Code and Novels were lost to all Europe for a considerable period. During the pillage of Amalfi, in the war between the two soi-disant popes Innocent II. and Anaclet 11., a soldier discovered an old manuscript, which attracted his attention by its envelope of many colors. It was carried to the Emperor Clothaire, and proved to the Pandects of Justinian. The work was arranged in its present order by Warner, a German, ‘ whose Latin name is Irnerius, who was appointed by that emperor Professor of Roman Law at Bologna. 1 Fournel, Hist, des Ovocats, 44, 46, 51. The style of the work is very grave and pure, and contrasts in this respect with that of the Code, which is very far from classical. On the other hand, the learning of the Digest stands rather in the discussing of subtle questions of law, and enumerations of the variety of opinions of ancient lawyers thereupon, than in practical matters of daily use, of which the Code so simply and directly treats. See Ridley, View, pt. 1, cc. 1, 2.

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In civil law. The name of an abridgment or compilation of the civil law, made by Tribonian and others, by order of the emperor Justinian, and to which he gave the force of law A. D. 533. It is also known by the name of the Digest, because in his compilation of writings of the jurists were reduced to order and condensed quasi digestiae. The emperor, in 530, published an ordinance entitled De Conceptione Digestorum, which was addressed to Tribonian, and by which he was required to select some of the most distinguished lawyers to assist him in composing a collection of the best decisions of the ancient lawyers, and compile them in fifty books, without confusion or contradiction. The instructions of the emperor were to select what was useful, to omit what was antiquated or superfluous, to avoid contradictions, and, by the necessary changes, to produce a complete body of law. This work was a companion to the Code of Justinian, and was to be governed in its arrangement ,of topics by the method of the Code. Justinian allowed the commissioners, who were sixteen in number, ten years to compile it; but the work was completed in three years, and promulgated in 533. A list of the writers from whose works the collection was made, and an account of the method pursued by the commissioners, will be found in Smith Diet. Gr. & R. Ant. The Digest, although compiled in Constantinople, was originally written in Latin, and afterwards translated into” Greek. The Digest is divided in two different ways : The first into fifty books, each book into several titles, and each title into several extracts or leges, and at the head of each series of extracts is the name of the lawyer from whose work they were taken. The first book contains twenty-two titles. The subject of the first is De JuaUcia et Jure, of the division of persons and things, of magistrates, etc. The second, divided into fifteen titles, treats of the power of magistrates and their jurisdiction, the manner of commencing suits, of agreements and compromiaes. The third, composed of six titles, treats of those who can and thbse who cannot sue, of advocates and attorneys and syndics, and of calumny. The fourth, divided into nine titles, treats of causes of restitution, of s
ubmissions and arbitrations, of minors, carriers by water, innkeepers, and those who have the care of the property of others. In the fifth there are six titles, which treat of jurisdiction and inoflScious testaments. The subject of the sixth, in which there are three titles, is actions. The seventh, in nine titles, embraces whatever concerns usufructs, personal servitudes, habitations, the uses of real estate and its appurtenances, and of the sureties required of the usufructuary. The eighth book, in six titles, regulates urban and rural servitudes. The ninth book, in four titles, explains certain personal actions. The tenth in four titles, treats of mixed actions. The object of the eleventh book, containing eight titles, is to regulate interrogatories, the cases of which the judge was to take cognizance, fugitive slaves, of gamblers, of surveyors who made false reports, and of funerals and funeral expenses. The twelfth book, in seven titles, regulates personal actions in which the plaintiff claims the title of a thing. The thirteenth, in seven titles, and the fourteenth, in six titles, regulate certain actions. The fifteenth, in four titles, treats of actions to which a father or master is liable in consequence of the acts of his children or slaves, and those to which he is entitled, of the peculium of children and slaves, and of the actions on this right. The sixteenth, in three titles, contains the law relating to the senatus consultum Velleianum, of compensation or set-off, and of the action of deposit. The seventeenth, in two titles, expounds the law of mandates and partnership. The eighteenth book, in seven titles, explains the contract of sale. The nineteenth, in five titles, treats of the actions which arise on a contract of sale. The law relating to pawns, hypothecation, the preference among creditors, and subrogation, occupy the twentieth book, which contains six titles. The twenty-first book explains, under three titles, the edict of the ediles relating to the sale of slaves and animals, then what relates to evictions and warranties. The twenty-second book, in six titles, treats of interest, profits, and accessories of things, proofs, presumptions, and of ignorance of law and fact. The twentythird, in five titles, contains the law of marriage, and its accompanying a elements. The twenty-fourth, in three titles, and the twenty-fifth, in seven titles, regulate donations between husband and wue, divorces, and their consequence. The twenty-sixth and twenty-seventh, each in two titles, contain the law rdating to tutorship and curatorship. The twentyeighth, in eight titles, and the twenty-mnJh, in seven, contain the law on last will and testaments. The thirtieth, thirty-first, and thirty-second, each divided. into two titles, contain the law of trusts and specific legacies. The thirty-third, thirly-fourtti, and thirty-fifth the first divided Into ten titles, the second into nine titles, and the last into three titles treat of various kinds of legacies. The thirty-sixth, containing four titles, explains the senatus coneultum Trebellianunn, and the time when trusts become due. The thirty-seventh book, contains fifteen titles, has two objects, to regulate successions, and to declare the respect which children owe their parents, and freedmen their patrons. The thirty-eighth book, in seventeen titles, treats of a variety of subjects of successions, and of the degree of kindred in successions; of possession; and of heirs. The thirty-ninth explains the means which the law and the praetor take to prevent a threatened injury, and donations inter vivos and mortis causa. The fortieth, in sixteen titles, treats of the state and condition of persons, and of what relates to freedmen and liberty. The different means of acquiring and losing title to property are explained in the forty-first book, in ten titles. The forty-second, in eight titles, treats of the res judicata, and of the seizure and sale of the property of a debtor. Interdicts, or possessory actions, are the object of the forty-third book, in three titles. The forty-fourth contains an enumeration of defenses which arise in consequence of the res judicata, from the lapse of time, prescription, and the like. This occupies six titles; the seventh treats of obligations and actions. The forty-fifth speaks of stipulations, by freedmen or by slaves. It contains only three titles. The forty-sixth, in eight titles, treats of securities, novations and delegations, payments, releases, and acceptilations. In the forty-seventh book are explained the punishments inflicted for private crimes, de privatis delictis, among which are included larcenies, slander, libels, offenses against religion and public manners, removing boundaries, and similar offenses. The fortyeighth book treats of public crimes, among which are enumerated those of laesae-majestatis, adultery, murder, poisoning, parricide, extortion, and the like, with rules for procedure in such cases. The forty-ninth, in eighteen titles, treats of appeals, of the rights of the public treasury, of those who are in captivity, and of their repurchase. The fiftieth and last book, in seventeen titles, explains the rights of municipalities, and then treats of a variety of public officers. These fifty books are allotted in seven parts: The first contains the first four books; the second, from the fifth to the eleventh book, inclusive; the third, from the twelfth to the nineteenth, inclusive; the fourth, from the twentieth to the twentyseventh, inclusive; the fifth, from the twenty-eighth to the thirty-sixth, inclusive; the sixth commences with the thirty-seventh, and ends with the forty-seventh book; and the seventh, or last, is composed of the last six books. The division into digestum vetus (book first to and including title second of book twenty-fourth), digestum’ infortiatum (title third of book twenty-fourth, to and including book thirty-eighth), and digestum novum (from book thirty-ninth to the end) , has reference to the order in which these three parts appeared. Th6 Pandects are more usually cited by English and American jurists by numbers, thus: Dig. 23. 3. 6. 6, meaning book 23, title 8, law or fragment 6, section 6; sometimes, also, otherwise, as, D. 23. 3. fr. 6, § 6; or fr. 6, § 6. D. 28. 3. The old mode of citing was by titles and initial words, thus: D. de jure dotium, L. profectitia, § si pater; or the same references in reverse order. Prom this afterwards originated the following: L. profectitia, 5. § se pater, 6. D. de jure dotium, and, lastly, L. 5. § 6. D. de jure dotium, which is the form commonly used by the continental jurists of Europe. 1 Hackeld. Civ. Law, pp. 54, 55, § 65. And see Tayl. Civ. Law, 24, 25. The abbreviation ff. was commonly used instead of Dig. or Pandects. The Pandects as well, indeed, as all Justinian’s laws, except some fragments of the Code and Novels were lost to all Europe for a considerable period. During the pillage of Amalfi, in the war between the two soi-disant popes Innocent II. and Anaclet 11., a soldier discovered an old manuscript, which attracted his attention by its envelope of many colors. It was carried to the Emperor Clothaire, and proved to the Pandects of Justinian. The work was arranged in its present order by Warner, a German, ‘ whose Latin name is Irnerius, who was appointed by that emperor Professor of Roman Law at Bologna. 1 Fournel, Hist, des Ovocats, 44, 46, 51. The style of the work is very grave and pure, and contrasts in this respect with that of the Code, which is very far from classical. On the other hand, the learning of the Digest stands rather in the discussing of subtle questions of law, and enumerations of the variety of opinions of ancient lawyers thereupon, than in practical matters of daily use, of which the Code so simply and directly treats. See Ridley, View, pt. 1, cc. 1, 2.

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