Jus Civile
idea · 2 works · 5 mentions · 9 anchored passages
civil law · Civil Law · Common Law of Rome · Quiritarian law · jus civile · the Civil Law
in the texts
Institutes of Roman Law
The strict, formal law applicable only to Roman citizens.
It contained the Legis Actiones and the Formulae of the Civil Law (Jus Civile), probably preceded by certain explanatory headings, but by no edict;
The moment that she began to trade with the foreigner, whether in Italy, Sicily, or Africa, she must have seen that her own Jus Civile was an impossible basis for trading relations.
It is not improbable that the superior ‘naturalness’ of the Jus Gentium to the Jus Civile had begun to appeal to the Romans long before they had begun to be affected by Greek philosophic thought;
Ancient Law
The indigenous body of Roman law originally applicable only to Roman citizens.
In the early Roman republic the principle of the absolute exclusion of foreigners pervaded the Civil Law no less than the constitution.
It was the fruit in part of their disdain for all foreign law, and in part of their disinclination to give the foreigner the advantage of their own indigenous Jus Civile.
The Prætor was the chief equity judge as well as the great common law magistrate, and as soon as the Edict had evolved an equitable rule the Prætor’s court began to apply it in place of or by the side of the old rule of the Civil Law, which was thus directly or indirectly repealed without any express enactment of the legislature.