This library is built in the open.
If you spot an error, have a suggestion, or just want to say hello — we’d love to hear from you.

...[a] possessor is always freed [from liability] by the natural destruction of a thing; even a bad-faith possessor is freed if the claimant would not have sold the thing anyway. Arumaeus, Treatise on Delay, chapter 8, number 2. Unless he is a dishonest possessor, in which case he is held liable regardless. Arumaeus, Disputation 8, Thesis 5, at the end. And if the thing perished after the legal action for recovery (vindicatio) had begun, and the question is raised concerning the accounting of the fruits Latin: fructus; refers to the products or income generated by property, such as crops, rents, or the offspring of animals.; I believe a distinction must be made as to whether it perished through the deceit or fault of the possessor, or whether it perished by its own fate. Law 'fructus' 33 and the second to last law of this title. Antonius Faber, Conjectures, book 2, chapter 6. Arumaeus, said Disputation 8, Thesis 6.
27. The Publician Action Latin: Publiciana; a legal remedy allowing someone who bought property in good faith—but had not yet completed the time required for full legal ownership (usucapion)—to recover that property if they lost possession of it. is granted to an ignorant person who purchases from a madman. Latin: furioso; in Roman law, a person lacking mental capacity. A contract with such a person was generally void, but the Publician action provided a "helpful" remedy for the buyer. See Law 7, section 2 of this Title 2, and Law 2, section 16, on buyers. Arumaeus, Disputation 8, final Thesis. Lyclama, 1 Eclogues 20.
Title 3. 28. The lands of cities are properly called Taxable (Vectigales), while those of private individuals are called Emphyteutic. Emphyteusis was a type of perpetual lease where the tenant (the emphyteuta) held the land as long as they improved it and paid an annual fee. Vectigales refers to similar land held from the state or a municipality. Corasius on the Rubric, number 4, and on the law 'to him who' concerning servitudes. Molina on the customs of Paris, number 25 and following, part 2 at the beginning. Alciatus, 1 Parerga, 36 & 38. In either case, an emphyteuta The holder of an emphyteutic lease. who transfers the emphyteutic property without consulting the Lord falls from his right—that is, he forfeits his claim—for the part which he transferred. Final law, Code on Emphyteutic Law. Trentacinquius, book 3, title on Emphyteutic Law, resolution 8. However, an emphyteuta can donate his right even without the owner's consent. Master Teacher Harpprecht on the section 'adeò', number 315; and the title in the Institutes on hiring and leasing. Donellus, 9 Commentaries 14, where Hilliger notes letter G. Dissertations of Sarmiento, 3 Select, chapter 2.
29. The Church can expel an emphyteuta for failing to pay the canon Latin: canonem; the fixed annual rent or tribute paid by the holder of an emphyteutic lease to the owner.; Busius on law 2 of this title; even if the Church has previously demanded the remaining payments from him. Sarmiento, book 3, chapter 6. Trentacinquius, said title on Emphyteutic Law, resolution 6. Likewise, a Lord who expels an emphyteuta for non-payment of the canon is not prohibited from seeking the rent for the past period. Trentacinquius, resolution 7. And finally, in every case of emphyteusis, the clearing of delay Latin: purgatio morae; a legal principle allowing a debtor to fulfill an obligation late (after a deadline has passed) to prevent the forfeiture of their rights, provided it is done before the final court judgment. is permitted. Sarmiento, 3 Select 5. Trentacinquius, said title, resolution 4, at the end.
30. Improvements or expenses by which the emphyteutic property was made better are always seen to belong to the Lord; even if the property reverts to him without the fault of the tenant. Sarmiento, 3 Select 4.
Should a Nobleman devote himself to Military Service rather than to Literary Studies? Idleness must be fled, and some function of life must be diligently embraced, especially by a Nobleman. Indeed, one should not linger long [in indecision], as Hercules and Scipio did, so that we doubt whether we should follow the path of virtues or vices. See Silius Italicus, book 15. Silius Italicus was a Roman poet. In his work Punica, he depicts the general Scipio Africanus facing a choice between the personified figures of Virtue and Pleasure, a common motif for the education of a young man. But since today there are two states of life most suitable for a Nobleman—Military Service and Letters—which of the two is more suitable for a Noble?