Decline and Fall of The Roman Empire

Gibbon's The Decline And Fall Of The Roman Empire

Home | Prev | Next | Contents

91 - 144,) Justinian, (l. ii. tit. x. - xxv.,) and Theophilus,

  1. 328 - 514;) and the immense detail occupies twelve books
  1. - xxxix.) of the Pandects.]
    1. The general duties of mankind are imposed by their
public and private relations
but their specific obligations to each other can only be the effect of, 1. a promise, 2. a benefit,
or 3. an injury
and when these obligations are ratified by law, the interested party may compel the performance by a judicial action. On this principle, the civilians of every country have erected a similar jurisprudence, the fair conclusion of universal reason and justice. ^158

[Footnote 158: The Institutes of Caius, (l. ii. tit. ix. x. p. 144 - 214,) of Justinian, (l. iii. tit. xiv. - xxx. l. iv. tit.

  1. - vi.,) and of Theophilus, (p. 616 - 837,) distinguish four sorts of obligations - aut re, aut verbis, aut literis aut

consensu: but I confess myself partial to my own division.

Note: It is not at all applicable to the Roman system of

contracts, even if I were allowed to be good. - M.]

Prev | Next | Contents

Preface | Volume 1 | Volume 2 | Volume 3 | Volume 4 | Volume 5 | Volume 6 |

Fall of Roman Empire