SELECTED QUESTIONS, FROM BOOKS 7 AND 8

taken from the Digest. The symbol "ff." is a traditional shorthand for the Digest (also known as the Pandects), a massive compendium of juristic writings compiled under the Roman Emperor Justinian I.

THESIS I.

1. SERVITUDES In Roman law, a "servitude" or servitus is a right held by one person over the property of another, similar to what we call an "easement" today. ARE EITHER REAL (pertaining to property) or Personal. Law 1 of the Digest title "On Servitudes"; Duarenus on the heading of said title in the preface; Donellus, book 9 of the Commentaries, chapters 21 and 22. Therefore, in this sense of ours, there is no such thing as a "Personal Servitude"; or rather, one by which a Person is enslaved to a thing. The author is clarifying that in legal theory, "personal servitude" refers to a right a person has over a thing (like a life interest), not a person being owned by an object. See Wilhelm Valentin Forster, book 2, Dispute 8, theorem 10.

2. Usufruct is the right of using and enjoying the things of others, while preserving the substance of those things. original Latin: "salvâ rerum substantiâ." This is the classic definition of usufruct: you can use the property and take its "fruit" (income), but you cannot destroy or fundamentally change the property itself. Law 1 of the Digest "On Usufruct" and in the preface of the Institutes on the same; Hotoman, "Illustrious Questions" 22; Lyclama, book 7, section 29; Bronchorst, "Miscellaneous" 1, 47; Donellus, book 9 of the Commentaries, 21; Martin Schickart, "Disputes on the Institutes" 5, theorem 10 in the resolution of the question; Antonius Matthaeus, "Disputes on the Institutes" 6, theorem 13.

3. Usufruct is not a part of Ownership original: "Dominii", but a quality of it: which nevertheless, because it encompasses the entire profit of the land, results in it being held as if it were a part. Law 66, paragraph "on the farm" in "On Legacies 2"; Law 70, paragraph "if the defendant" in "On Sureties"; Law 13, paragraph "that" in "On Discharge of Debt"; Law 25 in "On the Meaning of Words"; Law 58 in "On Verbal Obligations"; Law 4 in "On Usufruct"; Rodolphus Fornerius, "Daily Matters" 2, chapter 13; Bronchorst, "Contradictions" enantiophanon: a Greek term used by legal scholars to describe seemingly contradictory laws that must be reconciled 1, 86; Nicolaus à Salis, in "Gleanings" on book 7 of the Digest, page 23; Lyclama, book 7, section 29.

4. If a "Fruit" referring to the profits or produce of a property is bequeathed to someone with the "Use" the right to physically occupy or use it deducted, the Legacy is useless. See Law 14, paragraph 1, "On Use and Habitation"; Law 5, paragraph 2, "How a Usufructuary should provide security"; Ulrich Zasius in "Antinomies" against Budé; Cujas, "Observations" 8, chapter 9; Gilbert Regius, "Contradictions" 1, 11; Théodore Marcile on the paragraph "But less" in the Institutes "On Use and Habitation"; Lyclama, "Selections" 5, 23.

5. The common division of Usufruct into "Causal" (when joined with ownership) and "Formal" (when separated from ownership), which some reject—Coras, "Miscellaneous" 5, chapter 3; Antoine Favre, "Conjectures" 15, chapter 8; Leopold Hackelmann, "Illustrious Disputes" 7, theorem 3; Gæddæus on Law 25, note 1, "On the Meaning of Words"—can nonetheless be tolerated.