Roman Law Terms with Letters B

Bacchanalia. Orgiastic rites in the worship of Bac­chus, forbidden by the senatusconsultum de Bac­chanalibus.

De Ruggiero, DE 1, 957.

Baldus (de Ubaldis). A famous post-glössator, pupil of Bartolus, professor of law in various Italian uni­versities.

L’opera di Baldo (per cura dell’Univ. di Perugia) 1901; Monti, NDI 2 (Bibl.).

Balineum (balnearia, balneum). A bath-house. Theft committed here, furtum balnearium, is consid­ered as a theft to be punished more severely.—D. 47.17.-------- See BALNEATOR.

De Ruggiero, DE 1, 964.

Balneator. The owner of a bath-house or the lessee of a public bathing establishment. The supervision of baths and of their management was in the com­petence of the aediles. A balneator who exploited his enterprise for immoral purposes (“as happens in certain provinces,” D. 3.2.4.2) was published as a procurer (see leno).—C. 4.59.—See balineum.

Barbari. Originally the Romans used this name for any foreign people with a strange language and sav­age customs. Later the term was extended to ene­mies of the Roman state and to countries not bound to Rome by a treaty.

Ruge, RE 2; Humbert, DS 1; Vismara, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 445.

Bartolus De Saxoferrato (1313-1357). Professor of law in Perugia. He was one of the so-called post­glossators, commentators on Justinian’s codification in the fourteenth century, and exercised great influ­ence on the development of late medieval law.—See GLOSSATORES.

Monti, NDI 2; Buonamici, B. de S. in Pisa, 1914; J. L. van de Kamp, B. de S. Leven, werken, etc., Amsterdam, 1936; A. T. Scheedy, B. on social conditions in the four­teenth century, 1942 (New York).

Basilica. A Byzantine codification (termed by Byzan­tine writers Basilikos [^c. noin os], i.e., imperial [law]) in sixty books.

Edition (with Latin translation) : G. E. Heimbach, Basili­corum libri 60, 1-6 (1833-1870), Suppi. 1, ed. Zachariae v. Lingenthal (1846), Suppl. 2, ed. Mercati and Ferrini (1897) ; ed. without translation by J. Zepos, Basilica (2nd ed., Athens, 1910-1912).—Lawson, LQR 46, 47- (1930, 1931) ; idem, ZSS 49 (1929) ; Arangio-Ruiz, St Albertoni 1 (1925) ; Scheltema, Probleme der Basiliken, TR 16 (1939) 320; Guarino, Scr Ferrini (Univ. Pavia), 1946, 307; Berger, Scritti Ferrini 3 (Univ. Sacro Cuore, Milan, 1948) 194; idem, To kata podas, BIDR 55-56 (1952) 65.

Beatissimus. An attribute of the emperors in the fourth century.

De Ruggiero, DE 1, 984.

Beatitudo. A title of the highest church dignitaries. Bellum. According to a tradition, it was the legendary founder of Rome, Romulus, who granted the Roman people the right to decide about war, and—according to Cicero (De rep. 2.17.31)—it was the third king of Rome, Tullus Hostilius who introduced the formal declaration of war (bellum indicere) by the fetiales since a war waged without prior declaration to the enemy was considered unjust (iniustum) and im­pious (impium). Later it was in the competence of the comitia centuriata to decide about the declaration of war (lex de bello indicendo).—See senatus, de­nuntiare, FETIALES, INDICERE BELLUM, LEGES DE BELLO INDICENDO, IUS FETIALE, OCCUPATIO, DEDITIO, INDUTIAE, REPETITIO RERUM.

Liebenam, RE 4, 696 ; Berger, RE Suppi. 7, 383 ; Larsen, OCD 958; C. Phillipson, Intern, law of Greece and Rome 2 (1911) 166; E. Seckel, Krieg und Recht in Rom., 1915; Heuss, Klio, Beiheft 31 (1933) 18.

Beneficiarii. Soldiers of a lower rank to whom their superiors granted the liberation from certain duties (munera). In the Empire the term indicates not only persons who had obtained a benefit ( beneficium) from the emperor or from a military commander but also the assistants (staff) of high military and civil officials.

Domaszewski, RE 3 ; Masquelez, DS 1 ; De Ruggiero, DE 1, 994; O.

Beneficium. A legal benefit or remedy of an excep­tional character, granted in certain legal situations or to a specific category of persons by a statute, the prae­torian edict, a senatusconsult or by the emperor (im­perial constitutions). With regard to this last source the term is applied to privileges granted by the em­peror to individuals, groups of persons, municipalities or whole provinces.—See commentarii benefici­orum.

Leonhard, RE 3 ; Baudry, DS 1 ; De Ruggiero, DE 1 ; Orestano, S7 Riccobono 3 (1936) 473.

Beneficium abstinendi. Syn. ius abstinendi.—See ABSTINERE (se) HEREDITATE.

Beneficium aetatis. See venia aetatis, restitutio IN INTEGRUM.

Beneficium cedendarum actionum. Before paying the principal’s debt the surety could demand cession of the actions the creditor had against the principal and other sureties.—See cessio.

G. Nocera, Insolvenza e responsabilità sussidiaria, 1942, 89.

Beneficium competentiae. The term coined in litera­ture and generally accepted although unknown in Roman juristic language indicates the right of a debtor in certain cases to be condemned only “to what he can do (pay)” (in id quod [quantum] facere potest was the pertinent clause, inserted into the condemnatio part of the formula). Facere means here “as far as his means permit” (quatenus facultates eius permittunt). The exceptional measure is granted in actions in which there was a specific rela­tionship between plaintiff and defendant (for in­stance, when the debtor was an ascendant, a patron or a former partner of the creditor, actions between husband and wife) or in which the claim had a spe­cific character (claim by the donee for fulfillment of a donation promised, payment of a dowry promised but not given, restitution of a dowry). Soldiers may oppose the beneficium competentiae in any claim di­rected against them. The financial capacity of the defendant was differently estimated (taxatio) in the various cases.

Weiss, RE 17 (s.v. Notbedarf) ; Pampaloni, RISG 52 (1912) 198; Zanzucchi, BIDR 29 (1916) 61; A. Levet, Le benefice de competence, 1927; Guarino, RendLomb 72, 2 (1938/9) 355, 401; idem, Fschr Koschaker 2 (1939) 49; idem, SDHI 7 (1941) 5; idem, RISG 14 (1939) 153; idem, Scr Ferrini 1 (Univ. Sacro Cuore, Milan, 1947) 299.

Beneficium divisionis. Hadrian limited the liability of fideiussores (sureties by fideiussio) to the share resulting from the division of the principal debt by the number of solvent sureties.

Collinet, Si Albertoni 1 (1935) 271; G. Nocera, Insolvenza (1942) 101, 198.

Beneficium excussionis (or ordinis). Both terms coined in literature. Justinian gave a surety the right to compel the creditor who had sued him before the principal, to sue the principal first.

Beneficium inventarii. According to an enactment of Justinian, an heir had the right to call for an inven­tory of the inheritance. This gave him the benefit that he was liable for the debts of the testator and the legacies only to the amount of three quarters of the estate, the remaining fourth being reserved to him as the so-called quarta Falcidia (see lex falcidia). The inventory was made in the presence of a notary and representatives of the creditors of the estate. Failure to request the beneficium inventarii within the prescribed term (thirty days after notice of his institution as an heir) made the heres fully liable and deprived him of the Falcidian quarter.—See inven­tarium, SEPARATIO BONORUM.

Beneficium ordinis. See beneficium excussionis. Beneficium separationis. See separatio bonorum. Benigna interpretatio. A liberal, beneficial interpre­tation of a legal provision or of an individual ex­pression of will in legal transactions or testaments. “Laws are to be interpreted in a more liberal manner provided that their intention be respepted” (D.

Benigne (benignius), benignitas. All these expres­sions are used in legal texts to introduce decisions which, dictated by considerations of a moral rather than a legal nature, are contrary to the strict rules of law. Good will, charity, benevolence, and human­ity are frequently invoked in order to save a trans­action or legal situation in favor of a person, without any further argumentation. Sometimes the decision is given abruptly (sed benignius est), just contrary to the one which may be expected. The classicality of such texts has long been suspected and the terms mentioned above have been considered criteria of interpolations. There is no doubt that many of the decisions based exclusively on benignitas and similar conceptions, such as pietas, caritas, benevolentia, dementia, are not of classical origin. The influence of Christian doctrines and philosophical ideas is un­deniable. But a general stigmatization of all the pertinent texts invoking benignitas may be one of the usual exaggerations in the interpolationistic re­search. Benignitas and analogous terms are familiar in Cicero and other literary sources. There is no reason to exclude a saying like this one: “In doubtful matters preference should always be given to the more benign (benevolent, liberal) solution” (semper in dubiis benigniora praejerenda sunt), inserted in the Digest title “On various rules of the ancient law” (50.17.56), from the classical law. The rule appears in other texts in similar words. The road from benignitas to aequitas is not a long one and one text (D. 1.3.25, by Modestinus) speaks directly of aequi­tatis benignitas.—See benigna interpret atio, AEQUITAS.

Guarneri-Citati, Indice delle parole, etc. 2 (1927) 14 and Fschr Koschaker 1 (1939) 123; Albeftario, BIDR 33 (1923) 65, 73; Laborderie-Boulou, RHD 26 (1948) 137; Berger, In dubiis benigniora, AC IV er 1 (1951) 187 (= Sem 9 [1951] 36).

Berytus. Beirut. There was a famous law school here which flourished particularly in the fifth and sixth centuries after Christ. It had a fixed curricu­lum and its professors (antecessores) were appointed by the state. Two of them (Dorotheus and Anatolius) were selected by Justinian, who speaks of the Phoe­nician city with high praise (“the city of the laws,” legum nutrix — the nurse of the laws), for collabora­tion in his codification. Fifth-rentury teachers at Berytus: Patricius, Cyrillus, Domninus, Demosthenes, and Eudoxius, were held in great esteem.—C. 11.22.

Kiibler, RE 1A, 398; P. De Francisci, Vita e studi a Berito, 1912; Peters, Die ostromischen Digestenkommen­tare, 1913, 60; Pringsheim, Beryt und Bologna, Fschr Lenel 1921, 204; P. Collinet, Histoire de l’ecole de droit a Beyrouth, 1925.

Bes. Two-thirds of an as ( = eight unciae). Bes indi­cates two-thirds of any whole (an estate, for in­stance).—See AS.

Bestiae ferae. See ferae bestiae, animus rever­TENDI, OBICERE BESTIIS.

Bimus. See ANNUA, BIMA DIE.

Bina sponsalia. See binae nuptiae.

Binae nuptiae. The Latin language has no word for bigamy. Speaking of bigamy, later juristic language used the locution binas uxores habere. According to the Roman conception of marriage the existence of two simultaneous marriages was legally impossible

since the first marriage was considered automatically dissolved through the absence of the essential ele­ments (affectio maritalis, uninterrupted living in common). The praetorian edict punished, however, with infamy a person who attempted to constitute two marital unions at the same time. Two betrothals (bina sponsalia) were punished as well. Under cer­tain conditions, a bigamist might be accused of stu­prum, a bigamous woman of adultery. In post- classical law bigamy was punished as a specific crime. See INFAMIA.

Volterra, St Ratti (1933) 299; P. Rasi, Consensus facit nuptias (1946) 194.

Binas uxores habere. See binae nuptiae.

Bis idem exigere. To claim (to sue for) the same thing twice from the same debtor. “Good faith does not allow (bona fides non patitur) the same thing to be twice exacted” (D. 50.17.57). The same is ex­pressed in the rule: bis de eadem re ne sit actio.— See EADEM RES, £ES IUDICATA, LITIS CONTESTATIO, REPETERE ACTIONEM.

Biondi, AnPal 7 (1920) 38.

Bona. The whole of a person’s property. The term has a specific application in the praetorian law (in bonis esse, missio in bona), and in the law of suc­cession, both civil and praetorian. See bonorum possessio. Bona as a whole embraces not only cor­poreal things but also rights and debts. In certain loculations, however, it is employed in the sense of corporeal things only. Syn. (often) patrimonium. —See the following items, in bonis esse, missio in BONA, CONSECRATIO, UNIVERSITAS BONORUM.

Leonhard, RE 3; Humbert, DS 1; Donatuti, NDI 2; Pfaff, Fschr Hanausek, 1925; P. Collinet, B. et patri­monium, Ftudes Andreades (Athens, 1940) 377; Lema- rignier, L’apparition du mot bona, RHD 21 (1942) 224.

Bona adventicia. See peculium adventicium.

Bona caduca. See caduca.

Bona damnatorum. Property confiscated from per­sons condemned to capital punishment (loss of life, liberty or citizenship) in a criminal trial.—D. 48.20; C. 9.49.—See publtcatio.

Humbert, DS 1; De Ruggiero, DE 1; L. Clerici, Eco­nomia e finance dei Romani, 1943, 497.

Bona fides. Honesty, uprightness, good faith. The term has various applications. Generally it' is op­posed to mala fides, fraus, dolus, dolus malus. Cer­tain common rules are derived from bona fides, such as: “bona fides requires that what has been agreed upon be done” (D. 19.2.21) which is expressed in other words by the saying: “bona fides demands highest equity (honesty, aequitas) in contracts” (D. 16.3.31 pr.). What is dishonest, immoral is consid­ered contra bonam fidem. In contractual law, the bona fides is particularly important not only because of the rules mentioned above, but also because certain types of contract are based on bona fides, as the re­ciprocal confidence, honesty, good faith of the parties, at both the conclusion and the execution of the as­sumed duties. Trials arising from such contracts are judged from the point of view of honesty and fairness (iudicia bonae fidei). Acting bona fide (e.g., emere, vendere, solvere, facere) or exercising certain rights connected with a factual situation (bona fide possi­dere) presumes the belief of a person that what he is doing is lawful and does not violate another’s right. Such an erroneous belief may even be to the detri­ment of the person involved, as when a free man bona fide considers himself a slave and acts as such (liber homo bona fide serviens).—See fides (Bibl.), IUDICIA BONAE FIDEI, CONTRACTUS BONAE FIDEI, LIBER HOMO, etc., USUCAPIO, BIS IDEM EXIGERE, POSSESSOR BONAE FIDEI.

Leonhard, RE 3; Humbert, DS 1; Montel, NDI 2; Bon­fante, Scritti giur. 2 (1926) 708; Pringsheim, Conf Mil 1931, 201; Collinet, Mel Fournier, 1929, 71; J. Faure, lusta causa et bonne foi, Lausanne, 1936.

Bona liberti. A freedman’s property.—See adsigna- TIO LIBERTI.

Bona materna. Everything that a filius familias ac­quires from his mother through a testament or by intestacy. Bona materni generis are hi$ acquisitions from maternal ascendants. Though the ownership of these bona goes to his father (pater familias), the latter according to a law of Constantine, has not the right to alienate them, but he has the usufruct during his lifetime.—C. 6.60.

Bona materni generis. See bona materna.

Bona proscriptorum. See proscriptio—C. 9.49.

Bona vacantia. An estate without any heir under a will or by intestacy. In earlier law, it could be ac­quired by usucapio pro herede. Under the Empire it was taken by the fisc, which also assumed the debts of the deceased. Syn. bona vacua.—C. 10.10.—See procurator hereditatium.

Leonhard, RE 3, Humbert, DS 1; Erdmann, RE 7A, 2026.

Bona vi rapta. See rapina.

Bonae fidei possessor. See possessor bonae fidei. Bonam copiam iurare. See iurare bonam copiam. Boni mores. (Ant. mali mores.) Customary prin­ciples of good, honest and moral behavior, recognized and traditionally observed by the people (mores populi, mores antiqui). The locution acquires legal importance when something is done in violation of what, according to common feelings, is required by the boni mores (adversus or contra bonos mores).— See MORES, CONTRA BONOS MORES, ILLICITUS.

Senn, Recueil d’etudes en I’honneur de F. Geny 1 (1935) 53; Kaser, ZSS 60 (1940) 100.

Bonis interdicere. See interdictio bonorum.

Bonorum addictio. See addictio bonorum. Bonorum cessio. See cessio bonorum.

Bonorum collatio. See collatio bonorum. Bonorum curator. See curator bonorum. Bonorum distractio. See distractio bonorum. Bonorum emptio. The counterpart to bonorum ven­ditio.—See BONORUM VENDITIO.

Bonorum emptor. The buyer of the property of a bankrupt.—See bonorum venditio, actio rutili­ANA, DEDUCTIO.

Bonorum interdictio. See interdicere bonis.

Bonorum possessio. The law of succession intro­duced by the praetors as a system of inheritance parallel to that of the ius civile, in order to correct certain iniquities (iniquitates) in the latter. Lit­erally bonorum possessio means the possession of an estate given by the praetor to a person (bonorum possessor) without regard to whether or not he had the right of succession in the specific case under the civil law (ius civile). Practically the bonorum pos­sessor had a legal position similar to that of a uni­versal successor without being called heres, since that term is reserved to those who succeeded into the entire property of the deceased under the ius civile. An old rule says: praetor heredes jacere non potest ( = the praetor cannot make heredes, Gai Inst. 3.32; lust. Inst. 3.9.2), but he might give a person factual possession of the inheritance and thus create a legal situation similar to that of the civil heres. In granting bonorum possessio, the praetor originally followed the rules of succession of the ius civile, but in the later development, new rules of succession were introduced by him which differed essentially from the civil law. Thus conflicts might arise be­tween persons claiming their rights to an inheritance on the ground of the civil law and those who obtained possession of the estate from the praetor. The prae­torian law was ultimately triumphant. The most important advantage of the praetorian bonorum pos­sessor was the INTERDICTUM QUORUM BONORUM, available to him against anyone who held things be­longing to the estate. In comparison with hereditatis petitio the procedural benefits of this remedy were so important (especially in the matter of evidence) that even civil law successors (heredes) asked for bonorum possessio in order to profit by the prae­torian protection. The bonorum possessor has the actions of the civil heres, but he might use them only as actiones utiles with the fiction “as if he were heres.” For the recovery of single objects he had the actio Publiciana instead of the rei vindicatio, which makes his situation as a plaintiff much easier. With the disappearance of the formulary procedure, the differences between the two systems gradually lost their significance The imperial legislation pro­moted the fusion of the two systems which in the past had created a dualism, with its unavoidable con­flicting situations in specific cases. Under Justinian, the fusion is completed. Terms used before for the civil law of succession were now used with reference to the bonorum possessio; the bonorum possessores are mentioned alongside the heredes in interpolated texts either expressly or by the general expression “ceteri successores.” A bonorum possessio was given

by the praetor (dare bonorum possessionem) only on request. There was no bonorum possessio ipso iure. No one acquired the bonorum possessio against his will. For the different kinds of bonorum possessio, see the following items.—Inst. 3.9.; D. 37.1; 38.13; C. 6.9. See AGNITIO BONORUM POSSESSIONIS, INTER­

DICTUM QUORUM BONORUM, USUCAPIO PRO HEREDE, HEREDITATIS PETITIO POSSESSORIA.

Leonhard, RE 3; Humbert, DS 1; Donatuti, N DI 2; Crescenzio, NDI 12, 940; Biondi, Concetti fondamentali del dir. ereditario 1 (1946) 83; Timbal, RHD 19-20, (1940-41) 368.

Bonorum possessio ab intestato. See bonorum POSSESSIO INTESTATI.

Bonorum possessio contra tabulas. In certain cases, the praetor granted the possession of the estate con­trary to the will of the testator, in particular when an emancipated son was passed over in silence in the will, without being either instituted as heir or ex­pressly disinherited. Other dispositions of the will, such as manumissions, legacies, appointments of guardians, disinheritances remained valid. Special rules on behalf of a patron and his children pro­vided for a bonorum possessio contrary to the will of his freedman; see bonorum possessio dimidiae partis.—D. 37.4; 5; C. 6.12; 13.

Düll, RE 17 (s.v. Noterbrecht) ; L. Maissonnier, B.p.c.t., These Bordeaux, 1905; G. La Pira, La successione er edi­taria intestata e contro il testamento, 1930.

Bonorum possessio cum re. Cases of bonorum pos­sessio in which the bonorum possessor retained the inheritance against the claim of the heres under ius civile. Cum re (= cum effectu) = effectively. Ant. bonorum possessio sine re (— without effect), when in a conflict between the heres and the bonorum pos­sessor, the latter was defeated. When the praetors began to grant bonorum possessio against the rules of the ius civile, the bonorum possessio was mostly sine re; in the later development the bonorum pos­sessio cum re prevailed.

Bonorum possessio decretalis. Ant. bonorum pos­sessio edictalis. The latter occurred when the bo­norum possessio was given by the praetor in cases fixed in the praetorian edict. Bonorum possessio decretalis instead was when the praetor after investi­gation of the specific circumstances granted the bono­rum possessio in a case not foreseen in the edict. The praetor’s decree was issued in such cases in court (pro tribunali) whereas the bonorum possessio edic­talis was given more informally (de piano). Ex­amples of bonorum possessio decretalis are the bo­norum possessio granted to the mother of an unborn child (bonorum possessio ventris nomine) and the BONORUM POSSESSIO EX CARBONIANO EDICTO.

Solazzi, AG 100 (1928) 17.

Bonorum possessio dimidiae partis. This took place when a freedman died without leaving a testament and his heirs in intestacy were only adopted children or a wife in manu. In this case the praetor granted the patron a bonorum possessio of half the freed­man’s property. The same happened when a freed­man who had no children or disinherited them, did not leave his patron (or the latter’s children) a half of his estate. In the latter case the bonorum pos­sessio was contra tabulas.

G. La Pira, Successione hereditaria intestata, 1930, 395; C. Cosentini, St sui liberti 1 (1948) 189, 2 (1950) 24, 155.

Bonorum possessio edictalis. See bonorum pos­sessio DECRETALIS.

Bonorum possessio ex Carboniano edicto (Carboni- ana). The praetorian edict provided that an impubes whose legitimacy was contested might be granted a temporary bonorum possessio intestati until he reached puberty and his status of a legitimate child was decided in his favor.—D. 37.10; C. 6.17.

Niedermeyer, ZSS 50 (1930) 78.

Bonorum possessio ex testamento militis. See tes­tamentum militis.—D. 37.13.

Bonorum possessio furiosi nomine. A bonorum possessio decretalis granted to the curator of an insane. It was provisory and became definite when the insane regained capacity.—D. 37.3.

H. Kruger, ZSS 64 (1944) 408.

Bonorum possessio intestati (ab intestato). Suc­cession according to praetorian law in case of in­testacy. Taking into consideration the cognatic tie alongside the agnatic one (an emancipated son, for instance) and favoring in a larger measure the rela­tives and the surviving spouse of the deceased the praetor admitted to an intestate succession a number of persons excluded by the ius civile. The praetorian successors on intestacy were classified in four groups (classes), which the jurists identified by adding the word “unde” {ex ea parte edicti unde... vocantur = from that part of the edict under which the perti­nent group was entitled to the bonorum possessio). Persons of a lower-ranking group were eligible only when there were no successors in the foregoing class or if the existing successors repudiated the inheri­tance {successio ordinum). The first group, unde liberi, embraced all children of the deceased, including those emancipated, but excluding children adopted into another family. An emancipated son did not exclude his children who had remained in the family of his father (i.e., their grandfather). Later, accord­ing to an innovation ascribed to the jurist Julian {nova clausula luliani), the emancipated son re­ceived half of the appropriate portion of the estate, the other half being reserved for his children. The second group, unde legitimi, embraced the agnates who were heredes under the civil law {heredes legi­timi). The third group, unde cognati, comprized cognates until the sixth and (partly) seventh degrees, primarily persons excluded from inheritance under the ius civile. An innovation here was also the successio graduum; if the nearest cognate failed to claim the bonorum possessio or refused the succes­sion, the right to claim passed to the cognates of the next degree. In the fourth class, reciprocal rights to succession were given to husband and wife in the absence of persons entitled in the foregoing classes, regardless of whether or not the wife was in manu of her husband. In an analogous manner, the prae­torian law reformed the intestate succession of a freedman’s estate establishing in a somewhat com­plicated manner seven classes of eligible persons, from the children of the freedman to the cognates of his patron.—D. 38.6-8; 11: C. 6.14; 15; 18.

G. La Pira, La successione ereditaria intestata e contro il testamento, 1930.

Bonorum possessio iuris civilis adiuvandi (confir­mandi) gratia. A bonorum possessio given to a person who is entitled to the inheritance under the civil law {ius civile).

Bonorum possessio iuris civilis corrigendi (emen­dandi) gratia. A bonorum possessio given to per­sons not entitled under the ius civile to the exclusion of those so entitled.

Bonorum possessio iuris civilis supplendi gratia. A bonorum possessio given to a person who is not entitled to inherit under the ius civile, but without the exclusion of persons so entitled; when, for in­stance, an emancipated son inherits under praetorian law together with those not emancipated.

Bonorum possessio liberti intestati. See bonorum POSSESSIO INTESTATI.

Lavaggi, StCagl 30 (1946).

Bonorum possessio litis ordinandae gratia. A bo­norum possessio granted exceptionally to persons who would be entitled to a bonorum possessio intes­tati, in order to enable them to impugn the will of the deceased as testamentum inofficiosum.—See QUERELA INOFFICIOSI TESTAMENTI

Bonorum possessio secundum tabulas. A bonorum possessio given to the heirs instituted in a will, which although void under the ius civile was, however, valid according to the praetorian law, the requirements of which were less formal than those of the ius civile. —D. 37.11; C. 6.11.—See testamentum, testa­mentum PRAETORIUM.

Bonorum possessio sine re. See bonorum possessio CUM RE.

Arno, Mem. Accad. di Modena 12 (1914).

Bonorum possessio unde cognati. See bonorum POSSESSIO INTESTATI.

Bonorum possessio unde legitimi. See bonorum POSSESSIO INTESTATI.

Bonorum possessio unde liberi. See bonorum pos­sessio INTESTATI.

Bonorum possessio unde vir et uxor. See bonorum POSSESSIO INTESTATI.

Bonorum possessio ventris nomine. A bonorum possessio granted to a pregnant woman whose child is presumed to be the successor of the deceased father. This is provisory until the legitimacy of the child born and his rights of succession are established.— D. 37.9.

Bonorum possessionem petere. See agnitio bono­rum POSSESSIONES.

Bonorum possessor. A person to whom the praetor granted a bonorum possessio. “He succeeds in th$ place of the deceased under praetorian law’¹ (Gai Inst. 4.34).—See bonorum possessio and the fol­lowing items, agnitio bonorum possessionis, ac­tiones FICTICIAE.

Bonorum proscriptio. See proscribere bona. Bonorum sectio. See sectio bonorum.

Bonorum separatio. See separatio bonorum.

Bonorum venditio. The sale of the whole property (bona) of an insolvent debtor who even after it had been given into possession (missio in possessionem) of a creditor or creditors, failed to come to terms with them. The sale, an auction, was managed by a magister under the supervision of the praetor. The property is assigned to the highest bidder (bo­norum emptor, bonorum emptio). The buyer had an interdict "(interdictum possessorium) to obtain the possession of things belonging to the debtor’s bona that were held by another.—Inst. 3.12; C. 7.72.— See lex venditionis, deductio.

Leonhard, RE 3 (s.v. b. emptio) ; Beaudry-Beauchet- Collinet, DS 5 (s.v. venditio b.) ; Armuzzi, AG 72 (1904) 496; Triandafil, Du role du curator et magister dans la b. v., Rev. de droit et sociologie 1 (1916) ; Rotondi, Cent CodPav, 1933; Carrelli, SDHI 4 (1937) 429, 10 (1944) 302; Solazzi, Il concorso dei creditori 2 (1938) 61, 130; idem, La compensazione 2 (1950) 65.

Bonum et aequum (aequum et bonum). (Also without “et.”) Right and equitable, fair(ness) and just (ice). The words appear in the definition of ius by the jurist Celsus (ius est ars boni et aequi), in the for­mula of actiones in aequum et bonum conceptae, and in the phrase ex bono et aequo. The locution bonum aequum appears also in the comparative degree melius aequius.—See aequitas.

Pringsheim, ZSS 52 (1932) 78; A. Leyval, Notion d’en- richissement injuste. Une application de b. et ae., These, Alger, 1935, 68; Maschi, La concezione naturalistic a, 1937, 182; Riccobono, BIDR 53-54 (1948) 31 (= AnPal 20 [1949] 39); v. Liibtow, ZSS 66 (1948) 533; Beretta, St Solazzi, 1948, 264.

Bonus pater familias. The average type of^an honest, prudent (prudens) and industrious (diligent, studio­sus) man (father of a family), whose behavior in relations with other citizens is given as a pattern of an upright man and may be required from any one. Acting contrary to what a bonus pater familias would do in a given situation may serve as a basis for meas­uring his culpability and liability in a specific case.— See DILIGENS PATER FAMILIAS.

Sachers, RE 18, p. 4, 2154; Predella, NDI 2; Fadda, Atti Accad. Napoli 32 (1901) ; D’Ameglio, Monitore dei Tri­bunali, 1930, 441.

Bonus vir. See ARBITIUM BONI VIRI, VIR BONUS, BONUS PATER FAMILIAS.

Brevi manu traditio. See traditio brevi manu.

Breviarium Alaricianum (Alarici). See lex romana VISIGOTHORUM.

Brevis (breve). Any kind of lists and registers used in fiscal administration of the later Empire; in particular financial reports of public officials about payments (taxes) received and administrative ex­penditures. Such reports had to be made in four- month-periods (breves quadrimenstrui). Brevis was also used for lists of tax-debtors. In military admin­istration, brevis = a list concerning the supply of pro­visions for the army (see annona militaris).— C. 1.42.

Seeck, RE 3; Karlowa, Rom. Rechtsgeschichte 1 (1885) 907.

Brutus, M. lunius. A republican jurist of the second century b.c., author of a work on the ius civile (partly responsa).

Bulgarus. A glossator of the twelfth century.—See IRNERIUS, GLOSSATORES.

Monti, NDI 2; H. Kantorowicz, Studies in the Glossators of the R. Law (1938) 62, 241.

Bustum. The place where the body of a dead person was burned or buried. The Twelve Tables excluded the usucapio of such places.—See rogus, ustrina. Mau, RE 3; Cuq, DS 2, 1394.