Studies in Roman Law with Comparative Views of the Laws of France, England, and Scotland (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 Excerpt: ...as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the time of payment; provided that interest shall be payable in all cases in which it is now payable by law."1 1 Cod. 4. 32. 27, 1. Marezoll, of interest paid should never exceed 121. Dig. 12. 6. 28, 1.--Even the capital. Cod. 4. 82. 29, 80. Nov. when the interest had heen paid regu-121, ch. 2; 138, 160. larly, and there was no accumulation, J Stat. s. 8. Justinian enacted that the whole sum In Scotland, interest is due ex mora as well as ex paeto. So, in many cases, an implied agreement to pay interest is held to arise from any undue delay in paying the principal sum; but in regard to all claims or accounts upon which interest is not due, either by law or agreement, it has been said, no demand for interest can be made, till after they have been duly rendered and payment has been required.2 Sect. 2.--Deposit. Nature and Deposit is a contract by which the owner places a thing deposit? m charge of another to keep it gratuitously and restore it on demand.- The property and the risk remain with the depositor, so that if the subject perish accidentally the loss fall- on him. The depositary is bound to preserve the subject with reasonable care, and to exercise the same vigilance as he does in his own affairs. He is not entitled to make any use of the deposit, unless expressly or tacitly authorised to do so. As a general rule, he is liable only for gross neglect, because he derives no benefit from the transaction.4 But he will be held responsible for slight neglect, if he come under a special undertaking for safe custody, or officiously propose to keep the subject without being asked to do so, or if he receive compensa...