Ulpian
historical figure · 5 works · 64 mentions · 111 anchored passages
Ulp. · Vlpianus · Domitius Ulpianus · U1pian · Ulpianus
in the texts
Institutes of Roman Law
Roman jurist whose Fragmenta or Excerpta ex Libro singulari Regularum is the work cited when Ulpian is referenced.
When Ulpian or Paulus are quoted, the works referred to are the Ulpiani Fragmenta or Excerpta ex Ulpiani Libro singulari Regularum, and the Sententiae Receptae of Paulus.
A constitution of Marcus Aurelius changing the law further in the same direction, and mentioned by Ulpian (Sed postea divus Marcus constituit, ut et pro herede gerendo ex asse fiat heres, 22, 34.
or in case of the institution of a co-heir, or bequest to a legatee who dies or becomes an alien before the will is opened, Ulpian, 17, 1.
The Rights of War and Peace
Roman jurist cited on theft being infamous by nature.
Ulpian condemns it as infamous in its own nature;
Ulpian observes that Cassius says, it is lawful to repel force by force, and it is a right apparently provided by nature to repel arms with arms, with whom Ovid agrees, observing that the laws permit us to take up arms against those that bear them.
For when Ulpian had said, that an animal without knowledge, that is without the use of reason, could not possibly do wrong, he immediately adds, that when two animals fight, if one kills the other, the distinction of Quintius Mutius must be admitted, that if the aggressor were killed no damages could be recovered;
The Law of Torts
Roman jurist credited as the original source, via the Institutes, of the maxim on the three precepts of law.
Let us turn to one of the best-known sentences in the introductory chapter of the Institutes, copied from a lost work of Ulpian.
Quaerimus, si furiosus damnum dederit, an legis Aquiliae actio sit?
39, 3, de aqua, 1, § 12 (Ulpian).
The Freedom of the Seas (Mare Liberum)
Prominent Roman jurist, cited extensively throughout as an authority on the legal status of the sea and common use.
Et Vlpianus eum qui molem in mare iacit, ita tuendum dicit si nemo damnum sentiat.
Omnes igitur vident eum qui alterum navigare prohibeat nullo iure defendi, cum eundem etiam iniuriarum teneri Vlpianus dixerit;
Dicit haec non esse natura propria, sicut Vlpianus natura omnibus patere, tum quia primum a natura prodita sunt, et in nullius adhuc dominium pervenerunt (ut loquitur Neratius );
Ancient Law
Later Roman jurist noted as author of treatises rather than Responses.
But Ulpian and Paulus, Gaius and Papinian, were not authors of Responses.
An unfortunate attempt to discriminate them was made by the jurisconsult Ulpian, with the propensity to distinguish characteristic of a lawyer, but the language of Gaius, a much higher authority, and the passage quoted before from the Institutes, leave no room for doubt that the expressions were practically convertible The difference between them was entirely historical, and no distinction in esse …
Even the more cautious politicians of the first Constituent Assembly repeated Ulpian’s proposition as if it at once commended itself to the instincts and intuitions of mankind;