Javolenus
historical figure · 2 works · 3 mentions · 3 anchored passages
Iauolenus · the jurist Javolenus
in the texts
Institutes of Roman Law
Roman jurist who held that only part of the Latinus Junianus's goods passes equally to children under the senatusconsult, the rest by hereditary proportion.
Sed si cum liberis suis etiam extraneum heredem patronus reliquerit, Caelius Sabinus ait tota bona pro uirilibus partibus ad liberos defuncti pertinere, quia cum extraneus heres interuenit, non habet lex Iunia locum, sed senatusconsultum.
According to Javolenus, only that part will devolve under the senatusconsult in equal portions on the children of the patron, which, before the senatusconsult was passed, the external heir would have been entitled to under the lex Junia, and the residue will belong to them in the proportion of their shares in their father’s inheritance.
In the time of the jurist Javolenus, who flourished under Trajan and Hadrian, and still probably in that of Gaius, the power of sale of a pledge, § 64, was what is known in later jurisprudence as accidentale negotii, requiring a special agreement, Dig.
The Rights of War and Peace
Roman jurist cited alongside Ulpian on piracy and postliminium.
And, according to the opinions of Ulpian and Javolenus, the law of postliminium is no less superfluous, where goods have been taken by robbers and pirates, because the law of nations does not allow their possession of the goods to convey any change, or right of property to them.