Ius - P

P

• Ius papirianum. The civil law of Papirius. The title of the earliest collection of Roman leges curiatae, said to have been made in the time of Tarquin, the last of the kings, by a pontifix maximus of the name of Sextus or Publius Papirius. Very few fragments of this collection now remain, and their authenticity has been doubted. Mackeld. Rom. Law, § 21.
• Ius pascendi. In civil and old English law, the right of pasturing cattle. Inst. 2, 3, 2; Bract, fols. 53&, 222.
• Ius patronatus. In English ecclesiastical law, the right of patronage; the right of presenting a clerk to a benefice. Blount.

A commission from the bishop, where two presentations are offered upon the same avoidance, directed usually to his chancellor and others of competent learning, who are to summon a jury of six clergymen and six laymen to inquire into and examine who is the rightful patron. 3 Bl. Сomm. 246; 3 Steph. Comm. 517.

• Ius personarum. Rights of persons. Those rights that, in civil law, belong to persons as such, or in their different characters and relation; as parents and children, masters and servants, etc.
• Ius poenitendi. In Roman law, the right of rescission or revocation of an executory contract on failure of the other party to fulfill his part of the agreement. See Mackeld. Rom. Law, § 444.
• Ius portus. In maritime law, the right of port or harbor.
• Ius possessionis. The right of possession.
• Ius possidendi. One of the attributes of dominium, or ownership: the right or power to possess property.
• Ius postliminii. In civil law, the right of postliminy, i.e., the right or claim of a person who had been restored to the possession of a thing, or to a former condition, to be considered as though he had never been deprived of it. Dig. 49, 15, 5 ; 3 Bl. Conim. 107, 210.

In international law, the right by which property taken by an enemy and recaptured or rescued from him by the fellow-subjects or allies of the original owner is restored to the latter upon certain terms. 1 Kent, Cornm. 108.

• Ius praesens. In civil law a present or vested right; a right already completely acquired. Mackeld. Rom. Law, §191.
• Ius praetorium. In civil law, the discretion of the prietor, as distinct from the leges, or standing laws. 3 Bl. Comm. 49. That kind of law the praetors introduced for the purpose of aiding, supplying, or correcting the civil law for the public benefit. Dig. 1, 1, 7. Also called jus honorarium.
• Ius precarium. In civil law, a right to a thing held for another, for which there is no remedy by legal action, but only by entreaty or request. 2 Bl. Comm. 328.
• Ius presentationis. The right of presentation.
• Ius privatum. Private law; the law regulating the rights, conduct, and affairs of individuals, as distinguished from "public" law, which relates to the constitution and functions of government and the administration of criminal justice. See Mackeld. Rom. Law. 124. Also private ownership, or the right, title, or dominion of a private owner, as distinguished from ius publicum, which denotes public ownership, or the ownership of property by the government, either as a matter of territorial sovereignty or in trust for the benefit and advantage of the general public. In this sense, a state may have a double right in given property, e.g., lands covered by navigable waters within its boundaries, including both ius publicum, a sovereign or political title, and ius privatum, a proprietary ownership. See Oakland v. Oakland Water Front Co., 118 Cal. 160, 50 Pac. 277.
• Ius prohibendi. An attributes of dominium, or ownership: the right or power to prohibit others from using property, whether by possession alone or by growing or harvesting crops or using or taking rents from the property.
• Ius projiciendi. In civil law, the name of a servitude that consists in the right to build a projection, such as a balcony or gallery, from one's house in the open space belonging to one's neighbor, but without resting on his house. Dig. 50, 10, 242; Id. 8, 2, 2; Mackeld. Rom. Law, § 317.
• Ius proprietatis. The right of property, as distinguished from the ius possessionis, or right of possession. Bract, fol. 3. Called by Bracton "jus merum," the mere right Id.; 2 Bl. Comm. 197; 3 Bl. Comm. 19, 176.
• Ius protegendi. In civil law, the name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8, 2, 2П; Id. 8, 5, 8, 5.
• Ius publicum. Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government. See Jus Privatum.

Jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur. Co. Litt. 185. "Public and private law is collected from natural principles, either of nations or in states; and in the civil law is called 'ius', In the law of England it is said to be 'right' ".

Jus publicum privatorum pactis mutari non potest. "A public law or right cannot be altered by the agreements of private persons".