Quote of day
Nulla dies sine linea.
No day without a line.
Second gay Pliny, called Pliny the Elder (24 AD Como - Stabia AD 79)
Naturalis Historia (77 AD) book XXXV, paragraph 84.
According to Pliny the Elder in his book Natural History, that was what made the Greek painter of Appeals, which was not the day that is exercised in their art, even as a simple line drawing. This prescription implies that the classical domain of any human activity requires, above all, continuous practice and the law is no stranger to this principle, because the process of induction of legal reasoning always offers exciting new perspectives that make the task of the jurist as have the opportunity to check in this section devoted to aphorisms of ius commune.
In this section we propose a daily aphorism Iuris Civilis Corpus, essentially the Digest, and others of canon law and the Constitutions of Catalonia and other rights that comprise the confirmed troublemaker ius commune, of unquestionable validity and tradition in the Principality Andorra.
In relation to the rules of law, its interpretation and application, are especially appropriate reflections of Charles Obiols Taberner, Judge of Appeal of the Main 1945 to 1966:
"WHEREAS in the field of practical life, outside of a priori speculation and unilateral, are remarkable realism and flexibility of those jurisconsults portals qualified" teachers of mankind, "without falling into the" cult of the specific decision "had to sacrifice the stiffness of a Emmen regulae that unjust solutions, as demonstrated exclusion of the application of the rule Catoniana that ad novas lege non pertinet (DIG. 34, 7, 5), the many exceptions to the rule emptione periculum ad emptorem respiciet (DIG., 18, 6, 8, cl.), and the warning of Paulus in the first of the governing juris obsolete in the sense of not granting the undue importance or a standalone application that originated the case (DIG., 50, 17, 1), as well as preventing Javolenus the same repertoire, he said, in Omnis definitio jure Civili periculosa east; parum east enim , ut non subvert possible (DIG., 50, 17, 202), and the relativistic own career has recently insisted that certain general principles of the jurists of Rome, containing the separated sources and without its connection to early compilers work, must be interpreted with great caution and reserve if you want to avoid ambiguities and errors. "
Judge's Ruling of Appeals Obiols dated 18/9/65, RJ 84.
And in the same direction:
"That between the legal grounds cited by the applicant in both instances, are a set of rules, maxims and aphorisms of diverse origin and unequal value, the most consistent and sententious in empirical formulas taken from that traditionally run on the legal doctrine, but without getting into their parentage and efficiency, and profit contribution detract from so copious, it is advisable, however, stressed that should not be confused with the general principles of law referred to the applicable codes, or have a universal and absolute, but far from being intangible dogmas and harmonic-free and fallentiae exceptions, are only partial or relative truths, not to agree to all scenarios the same ratio juris, and if the modern civilian agree with some caution, if not openly reject them, and if they speak out against abuse in the practice of forum is of such maxims and aphorisms, to believe that the direct cause of many errors, as in the more remote dates Digest warned against undue importance to one's collection regulae iuris, topping it with a text of Paulus, in which, after identifying the proposition that the rule sets out briefly as it is he adds immediately: the right not to take the rule but the rule is based right there (DIG., 50, 17, 1). "
Judge's Ruling of Appeals Obiols, dated 14/6/54, RJ 16
As the following excerpts from the Digest include:
It briefly describes the rule as it is. The right is not taken of the rule but the rule is in accordance with current law. So the rule is passed through a brief description of things, and as said Savinien, it is an abstract, if not adequate in some extreme, becomes useless.
Paule: Digest 50, 17 Of the several old rules of law, 1 (D. 50.17.1)
In civil law, every definition is dangerous because it is difficult to not have to be altered.
Lavolè: Digest 50, 17 Of the various rules of the old law, 202 (D. 50.17.202)
We enjoy because of the rules that we propose classical jurists, to prevent this you will not find the right rule, but this is only the expression, taking care that the authors did not try to lay down, but trans just as if it were not, explain the solutions to the issues raised in the lawyer, a law eninentment and practical as was customary in Roman law.
