英文法律词典 J-17

JUS AQUAEDUCTUS, CIV. law. The name of a servitude which Lives to the owner of land the right to bring down water through or from the land of another, either from its source or from any other place.

2. Its privilege may be limited as to the time when it may be exercised. If the source fails, the servitude ceases, but revives when the water returns. If the water rises in, or naturally flows through the land, its proprietor cannot by any grant divert it so as to prevent it flowing to the land below. 2 Roll. Ab. 140, l. 25; Lois des Bat. part. 1, c. 3, s. 1, art. 1. But if it had been brought. into his land by artificial means, it seems it would be, strictly his property, and that it would be in his power to grant it. Dig. 8, 3, 1 & 10; 3 Burge on the Confl. of Laws, 417. Vide Rain water.; River; Water-course.

JUS CIVILE. Among the Romans by jus civile was understood the civil law, in contradistinction to the public law, or jus gentium. 1 Savigny, Dr. Rom. c. 1, §1.

JUS CIVITATIS. Among the Romans the collection of laws which are to be observed among all the members of a nation were so called. It is opposed to jus gentium, which is the law which regulates the affairs of nations among themselves. 2 Lepage, El. du Dr. ch. 5, page l.

JUS CLOACAE, civil law. The name of a servitude which requires the paity who is subject to it, to permit his neighbor to conduct the waters which fall on his grounds over those of the servient estate.

JUS DARE. To give or to make the law. Jus dare belongs to the legislature; jus dicere to the judge.

JUS DICERE. To declare the law. This word is used to explain the power which the court has to expound the law; and not to make it, jus dare.

JUS DELIBERANDI. The right of deliberating, which in some countries, where the heir may have benefit of inventory, (q. v.) is given to him to consider whether he will accept or renounce the succession.

2. In Louisiana he is allowed ten days before he is required to make his election. Civ. Code, art. 1028.

JUS DISPONENDI. The right to dispose of a thing.

JUS DUPLICATUM, property, title. When a man has the possession as well as the property of anything, he is said to have a double right, jus duplicatum. Bract. 1. 4, tr. 4, c. 4 2 Bl. Com. 199.

JUS FECIALE. Among the Romans it was that species of international law which had its foundation in the religious belief of different nations, such as the international law which now exists among the Christian people of Europe. Sav. Dr. Rom. ch. 2,

JUS FIDUCIARUM, Civil law. A right to something held in trust; for this there was a remedy in conscience. 2 Bl. Com. 328.

JUS GENTIUM. The law of nations. (q. v.) Although the Romans used these words in the sense we attach to law of nations, yet among them the sense was much more extended. Falck, Encyc. Jur. 102, n. 42.

2. Some modern writers have made a distinction between the laws of nations which have for their object the conflict between. the laws of different nations, which they call jus gentium privatum, or private international law; and those laws of nations which regulate those matters which nations, as such, have with each other, which is de nominated jus gentium publicum, or public international law. Foelix, Droit Interm. Prive, n. 14.