Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: June 5, 2025
Universitas: but though the context seems tempting, it is too early for "university" as a translation. I.e. in citizenship. I.e. in speech. Why livescentibus I am not sure. "Bruised by the rough mail"? But Lucretius has digiti livescunt: and Sidonius, like other poets of other decadences, is apt to borrow the phrases of his great predecessors.
A new conception was introduced into the law, and there was nothing to hinder its further application. As has been shown, it was applied in terms to a sale of the universitas for business purposes, and to at least one case where the succession was confined to a single specific thing. Why, then, might not every gift or sale be regarded as a succession, so far as to insure the same advantages?
The tie which so connects a number of rights of property, rights of way, rights to legacies, duties of specific performance, debts, obligations to compensate wrongs which so connects all these legal privileges and duties together as to constitute them a universitas juris, is the fact of their having attached to some individual capable of exercising them.
These are, how came an inheritance to be controlled in any case by the testator's volition, and what is the nature of the instrument by which it came to be controlled? A universitas juris is a collection of rights and duties united by the single circumstance of their having belonged at one time to some one person. It is, as it were, the legal clothing of some given individual.
It is certain, however, that, in spite of its many defects, the Mancipatory Testament by which the universitas juris devolved at once and unimpaired was never entirely superseded by the new Will; and at a period less bigoted to antiquarian forms, and perhaps not quite alive to their significance, all the ingenuity of the Jurisconsults seems to have been expended on the improvement of the more venerable instrument.
Inverting this order we have therefore to inquire what is a universitas juris; what is a universal succession; what is the form of universal succession which is called an inheritance? And there are also two further questions, independent to some extent of the points I have mooted, but demanding solution before the subject of Wills can be exhausted.
When men associated together for purposes of trade, they were a trading Universitas; when they associated for religious objects, they were a religious Universitas; when they associated for the promotion of learning, they were a learned Universitas. But the men came first, the bricks and mortar followed long after.
We have arrived at this point we find ourselves at the beginning of the thirteenth century face to face with a University at Cambridge, a University which, existing originally in its inchoate condition of an association vaguely aiming at the improvement of the methods of education and the encouragement of scholars, had gradually grown into a recognized and powerful body, with direct influence and control over its members; a body, too, which had become so identified with the interests of culture and research that a change had already begun in the generally received acceptation of its name, and already the word "university" had begun to be restricted to such a Universitas as was identified with the life and pursuits of learning and learned men.
There seems little question that the devolution of the Universitas Juris, so strenuously insisted upon by the Roman Law as the first condition of a testamentary or intestate succession, was a feature of the older form of society which men's minds had been unable to dissociate from the new, though with that newer phase it had no true or proper connection.
It has been said already that every fee descends specifically, and not as incident to a larger universitas. This appears not so much from the fact that the rules of descent governing different parcels might be different, /3/ so that the same person would not be heir to both, as from the very nature of feudal property.
Word Of The Day
Others Looking