[Vocabularius utriusque iuris]

confessoria the action to prove a servitude, the other negatoria the action to deny a servitude. Also, note that personal actions extend until the limit of thirty years, as in the Code, On the constitution of money, law 2, and the text noted there that it is possible for all things to be converted into money. Code, On the prescription of thirty years, law "As in an action in rem". Real actions, however, [extend] until the limit of forty years, as in the Code, On the sale of pledges, law 1, and in the gloss, in either case. Therefore, that an action may be stated more clearly, it is a real action that does not presuppose the person against whom it is directed to be bound. But it competes because the thing demands the restoration of the thing against whom such an action is directed. For example, you dragged my house violently; I seek my possession which you occupy; you are not bound to me by any right. Neither did you promise me anything, nor did I contract with you, but I only proceed against you because my thing is with you. But a personal action presupposes the debtor against whom it is directed to be bound from a contract or a misdeed or from various figures of causes. And this is also given to a thing, but it presupposes the obligation of a person, as if you sold me a book or rented me a house; you are bound to me from the contract, although I may act for the thing, namely the book or the house.

¶ An action to produce ad exhibendum for the purpose of producing a thing in court is given against a possessor or against him who possesses with evil intent so that he may produce the thing, i.e., bring it into public view, so that an opportunity for vindication may be made for the adversary, according to Azo in the Summa, title On producing, in the beginning. For to produce is to bring a thing into public view and to offer the faculty of seeing, touching, and comprehending the thing, and to show it so that the adversary may have the opportunity of showing it to be his own, as when someone says this thing is mine because, having been touched or seen by him, it seems to him his own, Digest On producing, law 2, with the notes there. And if it were an instrument, the thing itself to be produced must be provided with the faculty of reading and also transcribing, Digest How testaments are opened, law 1, and in the paragraph "To stipulate". And thus to produce is said almost as if to have it outside the secret. And according to Placentinus 12th-century Italian jurist, as if to have it outside himself, just as to redeliver redibere to take back is as if to have it backward, Digest On the edict, law "Redibere" in the beginning.

¶ An action for trees cut secretly arborum furtim caesarum action for damages for trees illegally cut has a condemnation against him who cut trees secretly, with the owner being unaware and unwilling, and it competes against the one giving the damage for double the damage

given, in which case the action of the lex Aquilia law regarding damages to property also competes, provided that he may deduct from the condemnation what the plaintiff has obtained by the other action, as in Digest On trees cut secretly, law 1. And by the name of trees, vines are also contained, Digest On cutting trees, law 1, paragraph "Of a tree". Also, ivy is contained, which is properly called a tree by interpretation and mostly clings to trees, Digest On trees cut secretly, law "Vine", and in the gloss. Also, a reed will not wrongly be called a tree, and the same of a willow-bed when it has already sent down roots, as in the same law "Vine", joined to the gloss.

¶ A calumnious action is that by which those things which were alienated in fraud of the patron by the freedman are revoked, where the Fabian action also has a place, Digest On the right of the patron, law "If liberated", according to Placentinus.

¶ The Fabian and Paulian actions were so called from their authors and inventors. And they have a place when a debtor has alienated those things which were alienated in fraud of creditors, so that that alienation itself may be revoked. The Fabian action is also given to a patron to revoke things alienated by a freedman or by a debtor in fraud of the patron or creditor, in which the fruits also come after the contestation of the suit, as noted, Digest If anything in fraud of the patron, law 2, and there throughout. But the Paulian is given properly to a creditor to revoke things alienated in fraud by the debtor, of which, Digest Which in fraud of creditors, law 1, paragraph "Finally" and law "This fact", in which the fruits also come, as in the same title, law "The praetors say", paragraph "This one", and because of that which is understood next to the final law, namely not only the same title, Of which both, Digest On usucaption, law "We see", paragraph "Fabian". And these are the actions against if anyone in fraud...

¶ Civil actions, which they are and which they require, in the Institutes, On actions and exceptions to be proposed, paragraph "Finally". And note that sometimes a civil action is distinguished against a criminal one, and then it is the same as an action intended for some interest. Sometimes it is distinguished against a praetorian one; then it is the same as a direct action in the thing; a praetorian action, however, is called that which is given by the office of the judge, as below regarding praetorian actions.

¶ An action of loan actio commodati action for a thing loaned for use is threefold, namely direct, useful, and contrary. Whereby the direct one competes to him who has loaned some thing against