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Ratio of the order
For the sake of preserving our thing.
On force and armed force. 16. l. 2. Otherwise called "whence by force." By this interdict, he who dispossessed [another] is compelled to restore possession to him who was dispossessed. It is therefore an interdict prepared for the sake of recovering possession.
"As you possess" original: "Vti possidetis". 17. l. 4. It is an interdict for retaining possession: it is competent when there is a controversy from both sides about the ownership of some thing, and in it one contends about the possession of an estate or land.
On surfaces original: "De superficiebus". 18. l. 2. Or on superficies. This interdict is competent to a superficiarius one who builds on another's land, who has built on another's ground, which he leased from the owner with the condition that he might build upon it, and keep the building for himself in perpetuity or for several years in exchange for an annual ground rent original: "solario".
For the sake of preserving our right.
On private road and right of way. 19. l. 7.
On daily and summer water. 20. l. 8.
On a stream. 21. l. 1.
On a spring. 22. l. 1.
On sewers. 23. l. 2.
That which is done by force or secretly. 24. l. 1. 21. Done, namely: he acts secretly who did not give notice that he would do it; by force, he who acts against a notice. It is competent to all whose interest it is that the deed not have been done, against him who did it or ordered it to be done.
On remissions. 25. l. 1. When these have been obtained from the Praetor after a notification of work was made to us (of which we spoke above in Book 39, Title), if we have done anything, it will not be said to have been done by force. A remission is an abolition of the notification.
On precarium gloss: a precarious loan or grant. 26. l. 22. It is given to him who granted by precarium, that is, when asked, against him who retains it for that cause.
On trees, namely the neighbor's, to be cut. 27. l. 2. And to be cleared, thinned, removed, or restrained if they extend into my field or my house.
On acorns, which, namely, fall into another's field, to be gathered. 28. l.
From the owner of the tree, to whom the Praetor forbids impediment to be made while he gathers them.
For the sake of duty.
On producing a free person. 29. l. 4. This interdict is competent in favor of liberty. It is given against him who detains a free person, so that he may exhibit him and bring him into public view.
On exhibiting and conducting children, which interdict is given to him who has [a child] in his power, so that the son may be exhibited to him, and he may be able to lead him away. 30. l. 1.
"Which of the two" original: "Vtrubi". 31. l. 3. It is competent for retaining the possession of a movable thing, just as "As you possess" is for an immovable one, to which title this should have been subjoined.
On migrating. 32. l. 2. So that a lessee wishing to migrate from a house, once the rent is paid, may not be hindered by the lessor.
On the Salvian interdict. 33. l. 2. It is given to a creditor for the purpose of obtaining possession of the things of a tenant that have been born on the leased land, or those specifically obligated as a pledge.
LIB. XLIV.
Exceptions.
On exceptions, prescriptions, and prejudicial causes. 1. l. 24.
On the exception of a judged matter. 2. l. 31.
On various temporary prescriptions and accessions of possessions. 1. Of times, in which it is asked whether your time can be added to mine, [I] who have succeeded you in the thing or in the right. 3. l. 16.
On the exception of malice and fear. 4. l. 17.
Of which things [a remedy] is not given to another. 5. l. 2. After a matter has been decided by oath, etc.
On litigious matters original: "litiscont.". 6. l. 3. Namely, concerning things: he who knowingly bought a litigious thing, the exception of the litigious thing stands against him who seeks possession of it, which he ought not to have bought.
On obligations and actions. 7. l. 60. In general, namely: for here many things are proposed which are common to actions or quasi-actions, of which it was spoken above from Title 2, Book 5. An obligation, moreover, is named from obligating or binding, so that it is a bond by which we are constrained to pay something. An action, moreover, is the right of pursuing in judgment that which is owed to us.
SEVENTH [PART].
LIB. XLV.
Actions descending from stipulations and verbal obligations in general, which are either contracted in one's own name. For above we have seen about actions which come from those contracts which were perfected either by the thing itself or by consent.
On verbal obligations. 1. l. 141. That is, stipulations. Stipulation is said to be either from stipulus firm/sturdy or from stips money which we are accustomed to stipulate. Stipulations are either Praetorian, judicial, of giving, of doing, certain, uncertain, pure, or conditional. It consists, however, of interrogation and response: its effects are a condiction for a certain thing, and an action from a stipulation, which error, dissent, a base stipulated thing, or a form not observed vitiates.
On constituting two defendants original: "duobus reis". 2. l. 19. Namely, of stipulating or of promising. A defendant original: "reus" is so called because the matter concerns him. Those who stipulate that the same thing be given to them are called defendants of stipulation. Those who promise the same thing are called defendants of owing.
On the stipulation of slaves. 3. l. 40. By which it is permitted to stipulate for their masters