United States or Malta ? Vote for the TOP Country of the Week !
Though it be also true, "Nemo potest diu personam ferre fictam: cito in naturam suam residunt, quibus veritas non subest": "No man can long continue masked in a counterfeit behavior: the things that are forced for pretences having no ground of truth, cannot long dissemble their own natures."
Ulpian cites a like phrase from a jurisconsult of the time of the Antonines, "to whose place I have succeeded by inheritance, or purchase, or any other right." /2/ Succedere in locum aliorum, like sustinere personam, is an expression of the Roman lawyers for those continuations of one man's legal position by another of which the type was the succession of heir to ancestor.
On his application afterwards for aid to the pope, he excused it, saying, "fuisse vim manifestam: jam enim statuerant Scoti presbyterani personam suam parliamento Anglicano tradere, si illam declarationem ab ipsis factam non approbasset." the lord lieutenant to assume a bolder tone.
Baty is of the opinion that while the belligerent might have "a right in rem to the ship so far as the civil law was concerned," it would have only a "quasi-contractual right in personam against the state in whose waters it lay, to allow it to be handed over." Obviously, the performance of that duty, to hand over the vessel, "would have become illegal when hostilities broke out."
"P" will not permit of being used in Latin at the end of words; but we find Bracciolini thus playing with it in the very first of his letters: "projicit eam personam sibi acceptiorem, cum illam multi petant porrectis manibus, atque ipse," &c. I. The literary merit and avaricious humour of Bracciolini. II. He is aided in his scheme by a monk of the Abbey of Fulda.
If England only possessed a right in personam, this right was a valid one in times of peace and for the purposes stipulated by the terms of the treaty, but became void in time of war, and, being purely personal in character, depended upon the promise of the State through which the road passed. In the former case it would be a "right of way" in peace or in war.
Respice personam, pone pro duos, bus non est in usu. If I could get up as well as I can swallow down, I had been long ere now very high in the air. Thus became Tom Tosspot rich, thus went in the tailor's stitch. Thus did Bacchus conquer th' Inde thus Philosophy, Melinde. A little rain allays a great deal of wind: long tippling breaks the thunder.
He says, "If it granted a real right of way of the nature of a right in rem there is no reason why the way should be stopped against troops any more than why a purchaser of territory should be debarred from using, it as a base of military operations." But he points out, "If the treaty only created a right in personam the case is different."
The jus in re, right in rem, right "availing against all the world," or Proprietary Right, is sharply distinguished by the analyst of mature jurisprudence from the jus ad rem, right in personam, right "availing a single individual or group," or obligation.
It should also be remembered that affectation is recognized at once, even before it is clear what it is that is being affected. And, finally, affectation cannot last very long, and one day the mask will fall off. Nemo potest personam diu ferre fictam, says Seneca; ficta cito in naturam suam recidunt no one can persevere long in a fictitious character; for nature will soon reassert itself.
Word Of The Day