KFLCC Kingdom Law 2nd Ed.

678

JUS FIDUOIARIUM

JUS ITALICUM

JUS GLADII. The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177. The right to have a thing. The right to be put in actual posses sion of property. Lewin, Trusts, 585. — Jus habendi et retinendi. A right to have and to retain the profits, tithes, and of ferings, etc., of a rectory or parsonage. JUS HABENDI. JUS HAURIENDI. In the civil and old English law. The right of drawing water. Fleta, lib. 4, c. 27, § 1. The body of Ro man law, which was made up of edicts of the suprem'e magistrates, particularly the prsetors. In Roman law. The right to use or display pictures or statutes of ancestors; somewhat analogous to the right, in English law, to bear a coat of arms. In the civil law. The law of immunity or exemption from the burden of public office. Dig. 50, 6. A right against a person; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something. In the civil law. A right in a thing. A right existing in a person with respect to an article or subject of prop erty, inherent in his relation to it, implying complete ownership with possession, and available against all the world. See Jus AD REM. — Jus in re propria. The right of enjoy ment which is incident to full ownership or property, and is often used to denote the full ownership or property itself. It is distinguish ed from jus in re ahend, which is a mere ease ment or right in or over the property of anoth er. Jus in re inhserit ossibus usufruetu arii. A right in the- thing cleaves to the person of the usufructuary. An unknown law. This term is applied by the civilians to ob solete laws. Bowyer, Mod. Civil Law, 33. An individual or indivisible right; a right incapable of divi sion. 36 Eng. Law & Eq. 25. A term of the Roman law descriptive of the aggregate of rights, privileges, and franchises possessed by the cities and inhabitants of Italy, outside of JUS HONORARIUM. JUS IMAGINIS. JUS IMMUNITATIS. JUS IN PERSONAM. JUS IN RE. JUS INCOGNITUM. JUS INDIVIDUUM. JUS ITALICUM. JUS HJEREDITATIS. The right of in heritance.

rites and religious ceremonies of the dif ferent peoples.

JUS FIDUCIARIUM.

In the civil law.

A right in trust; as distinguished from

jus

a legal right. 2 Bl. Comm. 328.

legitimum,

JUS FLAVIANUM. In old Roman law. A body of laws drawn up by Cneius Flavius, a clerk of Appius Claudius, from the ma terials to which he had access. It was a popularization of the laws. Mackeld. Rom. Law, § 39. In the civil law. The right to the use of rivers. Locc. de Jure Mar. lib. 1, c. 6. In the civil and old English law. A right of digging on another's land. Inst. 2, 3, 2; Bract, fol. 222. In the civil law. A future right; an inchoate, incipient, or ex pectant right, not yet fully vested. It may be either "jus delatum," when the subse quent acquisition or vesting of it depends merely on the will of the person in whom it is to vest, or "jus nondum delatum" when it depends on the future occurrence of other circumstances or conditions. Mackeld. Rom. Law, § 191. The law of nations. That law which natural reason has estab lished among all men is equally observed among all nations, and is called the "law of nations," as being the law which all nations use. Inst 1, 2, 1; Dig. 1, 1, 9; 1 Bl. Comm. 43; 1 Kent, Comm. 7; Mackeld. Rom. Law, § 125. Although this phrase had a meaning in the Roman law which may be rendered by our ex pression "law of nations," it must not be un derstood as equivalent to what we now call "international law," its scope being much wid er. It was originally a system of law, or more properly equity, gathered by the early Roman lawyers and magistrates from the common in gredients in the customs of the old Italian tribes,—those being the nations, gentes, whom they had opportunities ^f observing,—to be used in cases where the jus civile did not apply; that is, in cases between foreigners or between a Roman citizen and a foreigner. The principle upon which they proceeded was that any rule of law which was common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and just. From this it was an easy tran sition to the converse principle, viz., that any rule which instinctively commended itself to their sense of justice and reason must be a part of the jus gentium. And so the latter term came eventually to be about synonymous with "equity," (as the Romans understood it,) or the system of praetorian law. Modern jurists frequently employ the term "jus gentium privatum" to denote private inter national law, or that subject which is other wise styled the "conflict of laws;" and "jus gentium publicum" for public international law, or the system of rules governing the intercourse of nations with each other as persons. JUS FLUMINUM. JUS FODIENDI. JUS FUTURUM. JUS GENTIUM.