Quote of day
Nulla sine linea days.
No day without a line.
Cayo Plinio Segundo, called Pliny the Elder (AD 24 As - 79 AD Stabia)
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 Apelles, which happened that day is not exercised in his art, even if it meant drawing a single line. The prescription given to understand that the classical domain of any human activity calls, especially continuous practice and the law is no stranger to this principle, because the induction process of legal reasoning always offers fascinating new perspectives that make the task of the jurist as we shall see in this section of the aphorisms of the ius commune.
This section will propose a daily aphorism Corpus Iuris Civilis, chiefly Digest and others of canon law and constitutions and other rights of Catalonia, which comprise the inveterat ius comune, of unquestionable validity and tradition in the Principality Andorra.
In relation to rules of law, its interpretation and application, are particularly appropriate reflections of Charles Obiols Taberner, Judge of Appeal of the Principal 1945 to 1966:
"WHEREAS in the field of practical life, outside of speculation and unilateral apriorístiques are remarkable realism and flexibility of those qualified lawyer portals" masters of mankind ", without falling into the" Cult specific decision "had to sacrifice the rigidity of Emmen regulae solutions that unfair, as evident from the application of the exclusion rule Catoniana that novas ad Leges non pertinet (DIG. 34, 7, 5), the many exceptions to the rule emptione periculum ad emptorem respiciet (DIG., 18, 6, 8, pr.), and the warning of Paulus in the first of the governing juris antiques, in the sense of non-grant the importance of a standalone application or improper case that the original (DIG., 50, 17, 1), as well as preventing Javolenus the same repertoire, saying: Omnis definitio in jure CIVILI periculosa east; parum enim est , ut non possi subvert (DIG., 50, 17, 202), and the relativistic own career has been highlighted recently, certain general principles of the jurists of Rome, as contained in the separate sources without its connection to primitive work of the compilers, must be interpreted with great caution and reservation if you want to avoid ambiguities and errors. "
Ruling Judge of Appeal Obiols dated 18/9/65, RJ 84.
And in the same direction:
"That among the foundations of law cited by the applicant in both instances, contained a series of rules, maxims and aphorisms of diverse origin and unequal value, the most consistent and oracular in empirical formulas traditionally extracted from the circulating legal doctrine, but without going into their affiliation and effectiveness, and nonprofit detract from such plentiful supply, it is advisable, however, emphasize that they should not be confused with the general principles of law referred to the existing codes, or have a universal and absolute, but far from being intangible dogmas and harmonious, free and fallentiae exceptions, are only partial or relative truths, not all scenarios agree to the same ratio juris, and if the modern Civilists accept with some caution, if not openly rejected, and if you speak against the abuse of the forum which in practice is of such maxims and aphorisms, to believe that the direct cause of many mistakes, as in dates the more remote Digest prevent against undue importance on its own collection regulae juris, leading it with a text of Paulus, which, after identifying the rule with the proposition that briefly explains the thing as it is added immediately: the law is not taken of the rule but the rule of law is based there (DIG., 50, 17, 1). "
Ruling Judge Obiols of Appeals, dated 14/6/54, RJ 16
As the following excerpts from the Digest list:
It is the rule that briefly describes the thing as it is. The right is not taken of the rule but the rule is in accordance with current law. Thus, the rule is passed through a brief description of things as Sabine says, is the title of abstract, if not adequate in some extreme, becomes useless.
Paule: Digest 50, 17 Of the many old rules of law, 1 (D. 50.17.1)
In civil law, every definition is dangerous because it is difficult not to be altered.
Lavolè: Digest 50, 17 Of the many old rules of law, 202 (D. 50.17.202)
We benefit because the proposed rules that classical jurists, to prevent this you will not find the right rule, but this is only its expression, taking the fact that the authors did not pretend to enact, but Tans just as if this were not enough, explain the solutions to the issues raised in the lawyer, a practical and customary law eninentment as was the Roman law.






