Roman Law and the Legal World of the Romans

glossary

transfer its ownership or not ( nec is used in the latter case). Res mancipi included slaves, land, and certain farm animals. Restitutio in integrum . An order issued by the praetor to undo an earlier transaction – for instance, one in which a young per son has been taken advantage of. Senate. A body of senior aristocrats that met to advise the kings and later the consuls. The Senate had no authority to pass laws or issue edicts, but was highly influential with those who did have legal power. Servitude. The right of one property owner to make (limited) use of an adjacent property – for instance, to draw water or just to pass through. See Chapter 14. Societas . “Partnership.” A contract that made the partners in some business venture liable to each other for the profits and expenses of that venture. Statute. A law, usually permanent and of general validity, passed by the main lawmaking organ of a government (say, a mod ern city council or parliament or the Roman assemblies or emperor). Stricti iuris . “According to strict law.” The standard for judging cases involving a number of legal situations, including stipula tio . This involved a literal reading of any agreement and so was, among other things, an all-or-nothing affair. Stipulatio . A contract in the form of an oral question and answer (using certain special words). Any legal subject matter could be covered. The true stipulatio was restricted to Roman citi zens, but eventually parallel forms were created for more general use.

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