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Jus Gentium - Law Dictionary Search Results

Home Dictionary Name: jus gentium

jus gentium

jus gentium [Latin, literally, law of nations] : a body of law recognized by nations that is binding and governs their relations with each other : international law called also law of nations NOTE: In Roman law jus gentium referred to the rules and laws that were common to the various nations or peoples under the Roman empire and were used in cases between non-Roman citizens or between a Roman and a non-Roman citizen. ...


Jus gentium

Jus gentium, the law of nations, Roman Law. See Maine's Ancient Law, ch. iii., and International Law....


Jus

Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...


law of nations

law of nations :jus gentium ...


Conflict of laws

Conflict of laws. In the case where a suit is brought in one country, and the parties, or one of them (or the subject-matter of the suit), belongs more or less to another, and the laws of the two countries upon the subject are at variance, there is said to be a conflict of laws. See LEX LOCI CONTRACTUS; and also the case of Simonin v. Mallac, (1860) 29 LJ Prob & Mat 97, where the marriage of two French persons who came to England for the express purpose of celebrating a marriage which would have been void if celebrated in their own country was declared valid. 'Either nation may refuse to surrender its laws to those of the other, and if either is guilty of any breach of the comitas or jus gentium, that reproach shall attach to the nation whose laws are least calculated to ensure the common benefit and advantage of all.' See Dicey's or Story's Conflict of Laws; Chitty on Contracts, citing Kaufman v. Gerson, (1904) 1 KB 591. See RENVOI and Halsbury, Laws of England, Hailsham ed., title Co...


Commercium jure gentium commune esse debet, et non in monopolium et privatum paucorum qu'stum convertendum

Commercium jure gentium commune esse debet, et non in monopolium et privatum paucorum qu'stum convertendum. 3 Inst. 181.-(Commerce by the law of nations ought to be common, and not converted to monopoly and the private gain of a few.)...


Quando jus domini regis et subditi concurrunt jus regis praeferri debet

Quando jus domini regis et subditi concurrunt jus regis praeferri debet, means where the title of the king and the title of a subject concur, the King's title must be preferred, Laws of England, 4th Edn., Vol. 8, para 1076, p. 666.Quando jus domini regis et subditi concurrunt jus regis preferri debet (9 Rep. 129), when the rights of the king and of the subject concur, those of the king are to be preferred....


jus cogens

jus cogens [New Latin, literally, constraining law] : a principle of international law that is based on values taken to be fundamental to the international community and that cannot be set aside (as by treaty) [it is doubtful that any state has ever violated jus cogens norms on a scale rivaling that of the Third Reich "Princz v. Federal Republic of Germany, 26 F.3d 1166 (1994)"] [genocide and slave trade are violations of jus cogens] ...


Jus honorarium

Jus honorarium, the body of Roman Law, which was made up of edicts of the supreme magistrate, particularly the pr'tors.Jus honorarium, means 'magisterial law'. The body of law established by the edicts of the supreme magistrates including the praetors and the aediles (jus aedilium), Black's Law Dictionary, 7th Edn., p. 865....


Jus in re

Jus in re, a complete and full right; a real right, or a right to have a thing, to the exclusion of all other men.Jus in re, means right in or over a thing. A right in property valid against anyone in the world; a complete and perfect right to a thing. Also termed jus in rem, Black's Law Dictionary, 7th Edn., p. 865....


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