Table of contents

§ 1. Classification of Persons
§ 2. Legal Personality - Caput - Capitis Deminutio
§ 3. Loss of Freedom (Capitis Deminutio Maxima)
§ 4. Loss of Citizenship (Capitis Deminutio Media or Magna)
§ 5. Loss of Family Rights (Capitis Deminutio Minima)
§ 6. The Law of Slavery In General
§ 7. Modes of Becoming Slave
§ 8. Slavery by Birth
§ 9. Slavery by Capture
§ 10. Special Cases of Slavery Arising under the Jus Civile
§ 11. Legal Position of Slave
§ 12. Manumission
§ 13. Formal Manumission
§ 14. Informal Manumission
§ 15. Effect of Manumission
§ 16. Restraints on Manumission
§ 17. Patron and Freedman
§ 18. Mancipium
§ 19. Citizens and Aliens (Peregrini)
§ 20. Rights of Citizens
§ 21. The Law of Family In General
§ 22. Principles of Relationship In General
§ 23. The Agnatic Family
§ 24. The Cognatic Family
§ 25. Definition of Marriage
§ 26. Capacity to Marry - Absolute Disqualification
§ 27. Relative Disqualification
§ 28. The Agreement to Marry (Betrothal)
§ 29. The Two Kinds of Marriage In General
§ 30. Marriage with Manus - Strict Marriage (Justae Nuptiae)
§ 31. Modes of Contracting Marriage with Manus
§ 32. Effects of Marriage with Manus
§ 33. Marriage without Manus - Free Marriage
§ 34. Modes of Contracting Free Marriage
§ 35. Effects of Free Marriage
§ 36. Position of Children of Free Marriage
§ 37. Gifts between Husband and Wife - Dos
§ 38. Donatio Propter Nuptias
§ 39. Dissolution of Marriage In General
§ 40. Diffarreation
§ 41. Remancipation
§ 42. Dissolution of Free Marriage
§ 43. Restraints on Divorce
§ 44. Augustan Marriage Laws
§ 45. Second Marriage
§ 46. Concubinage
§ 47. Contubernium
§ 48. Paterfamilias and Filiusfamilias In General
§ 49. The Paternal Power (Patria Potestas) In General
§ 50. Paternal Power as to Person of Child
§ 51. Sale of Child
§ 52. Paternal Power as to Property of Child
§ 53. Adoption In General
§ 54. The Two Kinds of Adoption - Arrogation - Adoption
§ 55. Modes of Arrogation
§ 56. Modes of Adoption
§ 57. Effect of Adoption
§ 58. Changes by Justinian
§ 59. The Law of Guardian and Ward In General
§ 60. The Guardianship of Minors In General
§ 61. Tutor and Pupils In General
§ 62. The Several Kinds of Tutors
§ 63. The Powers and Duties of Tutors
§ 64. Curators
§ 65. Guardianship of Women (Tutela Mulierum)
§ 66. The Law of Obligations In General
§ 67. Classification of Obligations
§ 68. Consent as Basis of Contract
§ 69. Error
§ 70. Duress and Fraud
§ 71. Illegal Consideration
§ 78. Failure of Consideration
§ 73. Impossible Promises
§ 74. Illegal Promises
§ 75. Contracts Stricti Juris and Bonae Fidei
§ 76. Classification of Contracts According to Basis of Obligation
§ 77. Formal Contracts In General
§ 78. Nexum
§ 79. Stipulation or Verbal Contract
§ 80. Form of Stipulation
§ 81. Written Stipulations
§ 82. Literal Contract
§ 83. Chirographum and Synographa
§ 84. Cautio
§ 85. Informal Contracts In General
§ 86. Real Contracts In General
§ 87. Mutuum (Loan for Consumption)
§ 88. Loans on Interest
§ 89. Loans to Persons under Power
§ 90. Commodatum (Loan for Use)
§ 91. Depositum (Deposit for Custody)
§ 92. Pignus (Pledge)
§ 93. Innominate Real Contracts or Nameless Contracts
§ 94. Consensual Contracts In General
§ 95. Sales In General
§ 96. The Price
§ 97. Legal Object of Contract of Sale
§ 98. Performance of Contract
§ 99. Risk of Loss - Intermediate Profits
§ 100. Seller's Duty Prior to Delivery
§ 101. Warranty of Quality
§ 102. Contract of Hire In General
§ 103. Hire of Things (Locatio - Conductio - Rerum)
§ 104. Rights and Duties of Parties
§ 105. Hire of Services or Work (Locatio - Conductio Operarum)
§ 106. Partnership (Societas) In General
§ 107. The Several Kinds of Partnerships
§ 108. Capital of Partnership
§ 109. Rights and Duties of Partners Inter Se
§ 110. Rights and Duties of Partners as to Third Persons
§ 111. Dissolution of Partnership
§ 112. Mandate (Mandatum) In General
§ 113. The Several Kinds of Mandates
§ 114. Form of Mandate
§ 115. Duties of Mandatary
§ 116. Duties of Mandator
§ 117. Termination of Mandate
§ 118. Pacts
§ 119. Suretyship
§ 120. Cosureties
§ 131. Agency In General
§ 122. Agency of Persons Alieni Juris
§ 123. Agency of Shipmasters and Business Managers
§ 124. Mandatary as Agent
§ 125. Adstipulation
§ 126. Transfer or Assignment of Obligations In General
§ 127. Incidents of Assignments
§ 128. Restriction on Assignment
§ 129. Discharge or Extinction of Contracts
§ 130. Incidents of Payment
§ 131. Tender
§ 132. Impossibility of Performance
§ 133. Release
§ 134. Prescription

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Rights and Duties of Parties

It was the duty of the landlord (locator) to deliver the property to the tenant (conductor) and to permit him to keep it for the time agreed upon. If the tenant was deprived of the property before the termination of his lease in consequence of the landlord's fault, the latter had to pay him full compensation (id quod interest). But if the landlord was not in fault, the tenant was entitled only to a remission of the rent. Thus, if a farm let to a tenant was confiscated, or a house burned, the tenant was entitled simply to remission of the rent. So in case of a chattel, if it was carried off by robbers, the hirer was released from payment for the unexpired term of the contract. If the lessor of a house determined to pull it down and rebuild it during the term, he had to pay the lessee compensation if the rebuilding was unnecessary, but if necessary, he was required simply to allow a remission of the rent. The landlord was also required to keep the property in good order
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Modes of Becoming Slave

The principal modes by which a person might become a slave were by birth and by capture in war. These modes were recognized by the Jus Gentium. There were also several cases peculiar to the Jus Civile in which persons were reduced to slavery as a punishment for wrong doing.
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Restraints on Manumission

There seems to have been originally no restraint upon the power of a master to free his slaves, but by the lex Aelia Sentia, enacted A. D. 4, certain restraints were imposed. The objects of this law seem to have been to protect the public against the creation of un- desirable citizens, to prevent fraud on creditors, and to protect the master against improvident manumissions.
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