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Where one who promised to give in a certain place is sued. 18.
Where an action in rem against the thing is exercised. 19.
Where a case concerning an inheritance is conducted, or where written heirs should request to be put into possession. 20. Where the things are situated, the possessory judgment is conducted there; the petitory judgment is conducted in the place of the domicile of the heir and of the one who is being sued.
Where it is necessary to conduct proceedings concerning accounts, that is, concerning administrations and business, both public and private. 21. In that place, to wit, where the administration was conducted, both for the sake of sufficient instruction and the notification of witnesses.
Where a case concerning status should be conducted. 22.
Where anyone is sued concerning a curialis member of the town council—Curiales are those who are subject to a certain curia town council; a curia in municipalities was the place in which the public council was held—or a cohortalis—Cohortales were the officers and attendants of the governor in the provinces—or another condition. 23.
Where Senators or those of most excellent rank are sued civilly or criminally. 24.
In which causes of military service—this is understood as concerning any military service—they cannot use the prescription of the forum, by which they decline the forum as incompetent. 25.
Where fiscal causes, or those of the divine house, that is, of the Prince, and of his men, are conducted. 26.
When it is permitted to anyone to vindicate himself without a judge, as often as force is brought against him, or to vindicate public devotion original: "publicam deuotionem". 27. He calls public devotion private and immediate defense, which he permits, and which is in the interest of public law and the prayers of all.
Concerning Actions. The summary or principal types of all actions by which an inquiry is made between some parties before judges or arbitrators concerning any matter can be these, for they are made either as
Vindications, by which we act against one who is bound to us by no right from a contract, delict, or quasi-delict, yet we move a controversy against him concerning some thing; and they are called actions in rem against the thing, and they fall to us as often as we assert that a thing is ours, the possession of which is with another. They are either
Universal, as of a totality.
Concerning an undutiful will. 28. Officium duty/service is said to come from efficere to effect or officiendo from hindering, because each one ought to effect something, or hinder no one, having preserved the propriety of place, time, and persons. Contrary to this is to be considered undutiful. As often, therefore, as parents disinherit or pass over their legitimate children without cause—for they can do this, influenced by step-parental hatreds or madness—it is permitted for children to act concerning an undutiful will, which judgment is not called an accusation but a complaint, which word was adopted for the sake of modesty.
Concerning undutiful donations. 29. Made by parents among the living in fraud of children; therefore, if children are born to the donors after they have exhausted their resources by donations, then the donation is not entirely rescinded, but a portion of the donated goods, and as much as suffices to obtain the legitimate inheritance portion, is reclaimed. Some, however, wish it to be entirely revoked, since it is not probable that a father would exceed the successions of others, or consume all maternal goods, so that later there is no legitimate portion left for the children.
Concerning the petition of inheritance. 30. This action was introduced because the goods of the deceased are often unjustly occupied, either by those who pretend the cause of a will or of intestacy, or by looters, and it is both in rem against the thing and in personam against the person. It falls to him who is an heir by a lawfully made will, or by intestacy, and to the heir of an heir, against him who possesses hereditary property for an heir or possessor, even the smallest amount; he possesses for an heir who thinks he is an heir or a just possessor; finally, it falls against any possessor whatsoever.
Of a single thing, and things are either
Corporeal, such as land, a man, a garment, gold, silver, and countless others.
Concerning the vindication of a thing. 32. If you possess a corporeal thing which I affirm is mine, and you assert yourself to be its master, it will be an action in rem against the thing.
Incorporeal are those which cannot be touched, such as those which exist in law, just as usufruct,
use, inheritance, and rights of urban and rural estates, which are called servitudes, and they are either
Of persons.
Concerning usufruct, habitation, and the service of slaves. 33. Usufruct is the right of using and enjoying another's things while preserving the substance of the things. There is less right in use than in usufruct, and it differs from ownership.
Of estates, which are also called real because they are owed by one thing to another.
Concerning servitudes, and water. 34. from 54 of use Through these, Cuiacius notes. Moreover, of the servitudes of estates, some are urban or rural. Urban estates are buildings constructed for familial use, whether in the city or in the country; for it is not the location, but the use, that makes an urban estate. Of these servitudes, some are affirmative, which confer the power of doing, such as letting a beam into a neighbor's wall; others are negative, by which the right of prohibiting falls to us, so that such things are not done on urban estates, for example, that a neighbor may not raise his house higher. Rural estates, however, are not buildings, but land suitable for rural things and agriculture, the servitudes of which are passage, driving, way, aqueduct, etc.
Noxal, concerning which the title is read below.
Concerning the Aquilian Law. 35. This law pursues damage given wrongfully, that is, through fault, through which it is unjust that another should be harmed, even if malice is absent. The first chapter of this pertained to damage wrongfully given to another's slave, quadruped, or herd; the third chapter to damage given to other things. Moreover, it is improperly called the Aquilian Law, for it is a Plebiscite.
Actions mixed in rem and in personam.
For the division of an inheritance. 36. The word "family" signifies things which pertain to the substance of a patrimony. Erciscere is derived from ἐρίζειν?, that is, to divide; therefore this action falls to heirs for dividing an inheritance, or rather to a co-heir against co-heirs, and it is for the pursuit of a thing in the simple amount, universal, of good faith, and it is born after the inheritance has been entered, at which time communion begins.
For the division of common property. 37. This action is granted between those between whom something is common, so that, to wit, it may be divided, lest otherwise someone be detained in communion against his will. It differs from the judgment for the division of an inheritance in that it falls to heirs only, and solely from the cause of succession and for seeking universal things. The judgment for the division of common property, however, seeks individual things and from any other cause than succession, such as, for instance, from contracts.
Common to both judgments, both for the division of an inheritance and for the division of common property. 38. In these two judgments, and the following judgment, it is permitted to adjudge a thing of one of the litigants based on what is good and equitable, and if the share of one seems overburdened, to condemn him to pay a certain sum of money to the other.
For the regulating of boundaries. 39. By which judgment an action is conducted between those who have adjoining fields. Regere here signifies to discern and to establish, and it is called a limit and final action, which provides that each may enjoy his own boundaries, and not touch another's. It will therefore be useful for imposing and retaining boundaries with a neighbor, or for obtaining them from a seller.
Concerning the same parties to a suit. 40. To this title corresponds the title of the Digest, "Concerning what matters one should go to the same judge."
Concerning noxal actions. 41. Noxa harm/liability is the person of the slave himself who did the harm; Noxia the harmful act is the crime itself. Because of the crimes of slaves, noxal actions were proposed, by which the master, once condemned, is permitted either to suffer the assessment of the suit or to surrender the man himself for the harm; for it would be unjust for the wickedness of slaves to be damaging to masters beyond the bodies of the slaves themselves. Wherefore, he will be freed by the surrender for the harm.
Preparatory.
To be exhibited. 42. This action was produced for the sake of exploring whether it is expedient to act concerning a thing which we seek to be exhibited to us, when we cannot define it as such or not—that which we wish to seek—unless the power of seeing and handling it is given to us, and lest the opportunity of transforming the thing be permitted to the defendant. And "to exhibit" is to provide the opportunity to look at the thing, and it pertains properly to movable things. By this, we can seek that children, records, testaments, and instruments be exhibited to us.
Edict concerning things done.
Concerning religious things and funeral expenses. 43.
Concerning the game of dice. 44. Some read "concerning gamblers," others both; others also join this title to the previous one; others propose it, others append it. This title seems to be placed in a location not its own. The use of dice, however, beyond one solidus, is not permitted here. The prescription of time for money lost from a game is 50 years. Blasphemies and perjuries committed regarding dice are forbidden.