Ad edictum praetoris libri
Ex libro II
Paulus, On the Edict, Book II. A Deputy on whom jurisdiction has been conferred has the right to appoint judges.
Paulus, On the Edict, Book II. And this is because jurisdiction is not given to him in the first place, and has not been conferred upon him by law, which only confirms that which has already been delegated; and therefore, if anyone who has delegated his jurisdiction should die before the business over which jurisdiction has been delegated to him had begun to be transacted; Labeo says that the delegated authority is abrogated, just as it is in other cases.
Ad Dig. 4,8,1ROHGE, Bd. 7 (1873), S. 311: Der Schiedsrichter tritt an Stelle des Staatsgerichts, er wird gezwungen, der übernommenen Verpflichtung zu genügen, sein Spruch beendigt den Streit. Verwirklichung durch Klage und Execution.ROHGE, Bd. 14 (1875), Nr. 39, S. 98: Verschiedene Natur des Schiedsvertrages (compromissio) und Schiedsspruchs. Anfechtung.Paulus, On the Edict, Book II. Arbitration is conducted in the same manner as a trial in court, and is intended to put an end to litigation.
Ad Dig. 7,1,4Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 200, Note 3.Paulus, On the Edict, Book II. In many instances usufruct is a part of the ownership and stands by itself, since it can be granted immediately, or from a certain date.
Paulus, On the Edict, Book II. Services consist of acts, and in the nature of things they do not exist before the day comes in which they are to be rendered; just as when we make a stipulation for a child which is to be born of Arethusa.
Paulus, On the Edict, Book II. A deposit is properly made with a sequestrator which is delivered in its entirety by several persons, to be kept safely and returned under a certain condition.
Paulus, On the Edict, Book II. If it was agreed between the parties that the property which was sold be returned within a certain time, if it did not suit, Sabinus thinks that an action on purchase will lie, or that one in factum, resembling an action on purchase, should be granted.
Paulus, On the Edict, Book II. A curator should be appointed for the management of the entire business of the minor, instead of his guardian, where he is absent on business for the State.
Paulus, On the Edict, Book II. When I stipulate for a penalty if you do not lend me a sum of money, it is certain that the stipulation is valid. If, however, I should stipulate as follows, “Do you promise to lend me a certain sum of money?” the stipulation is vague, because what is to my interest is included therein,
The Same, On the Edict, Book II. The word “property” has a broader signification than that of “money,” because it also includes things which are not embraced in our patrimony; and the term “money” only has reference to what is included in a patrimonial estate. 1Ad Dig. 50,16,5,1ROHGE, Bd. 11 (1874), Nr. 51, S. 158: Merkmal des Werkverdingungsvertrages.Labeo says that by the terms “hiring and leasing of services” only those services are meant which are called by the Greeks apotelesma, and not ergon, that is to say, something which has been perfected by labor performed.
Paulus, On the Edict, Book II. By the word “engagement” is meant not only what a person agrees to after interrogation, but every stipulation and promise.
The Same, On the Edict, Book II. Liberty is a possession of inestimable value.