Modestinus
historical figure · 2 works · 7 mentions · 8 anchored passages
Herennius Modestinus
in the texts
Institutes of Roman Law
Roman jurist who recommended a procedural tactic under the Sc. Pegasianum.
However Modestinus recommended, as the safer course if the heir declined to avail himself of his right to the fourth, that he should feign unwillingness to accept a damnosa hereditas, and should make a compulsory acceptance by the order of the praetor, § 258, in which case the actions are transferred in totality to the transferree by the express provision of the Sc.
Roma communis nostra patria est, Modestinus, Dig.
All interdict procedure belongs to the class of Personal actions for the enforcement of obligations, Modestinus, Dig.
The Rights of War and Peace
Roman jurist cited for a maxim on acquisition through an agent.
Modestinus has justly said, “that whatever is naturally gained, like a possession, we may acquire through the means of any one we chuse to employ,” and, upon the same principle, Paulus observes, that “in every acquisition, the exertion of mind and body must concur;