[Vocabularius utriusque iuris]

the borrower to reclaim the thing itself or that the thing be restored to its accessions, the use for which it was loaned being finished and completed, Digest On loan, law 1, according to Placentinus. The contrary action of loan competes to him who received the loan against him who loaned it, and the costs made in the loaned thing, as if I have cared for a slave, which he does not reclaim on behalf of the food expenses, Digest On loan, law "In things", paragraph "I can", with the following paragraph. The useful action of loan, according to Placentinus, competes where there is not a loan for use but in a matter of grace, as if a friend received a thing from the workshop of a friend by his own authority. And place a better example by law 1, paragraph "If with", law 2, in the beginning, Digest On loan.

¶ The confessory action is that which competes to him who says that he has a right or a servitude to a piece of land, to go or to drive, or to raise his own feet, or any other servitude in the thing of his, even if he [the owner] is unwilling. And this action is called in rem or real because you do not seek your corporeal thing, but the right to go through the land, since the servitude itself is incorporeal, as Digest If a servitude be sold, law 2, in the beginning. It is called confessory because it is constituted by affirmative words, and its opposite is placed by negative words, which is called a negative action, according to Placentinus, Digest If a servitude be sold, law "If sometimes", paragraph "To the house", and note there. Whence the negative action competes to him who says that someone does not have a right or servitude to something which another wished to do, and he prohibits him by this action. As when the lord of the land intends against you, [who is] accustomed to go through his land, saying: "It is not for you a right to go through my land." And this action is similarly called in rem because the lord of the land says [he is asserting] freedom, while he intends it by negative words, saying that the other does not have a right to go or to drive through his land, nor to build houses, lest he harm his lights, and thus by this the lord of the land acts so that his land may be declared free and the other may desist and be prohibited so that he may not disturb him henceforth, Digest If a servitude be sold, law 2, and law "Body of the place", paragraph "Competes", and Institutes On actions, paragraph "Conversely". And the action does not compete from the lord but from the right of the estates, just as the confessory one, as in the same place, law 2, in the beginning. And although, according to Placentinus, he says it is therefore

called negative because it is intended by negative words, yet the contrary is noted in law 2 and the paragraph "Conversely" above alleged. For any of them, namely the confessory and negative action, can be given by affirmative words and also by negative ones. We do not therefore take the difference by the form of the words, but they differ by reason of the matter. Whence, briefly concluding, whether by affirmation or by negation, they hold nonetheless in this: that the confessory is given to defend a servitude due to oneself, and the negative is given to defend one's own freedom. In what do they differ? { Confessory action, Negative action } And the doctors note examples in which the confessory is intended by negative words and the negative by affirmative words in chapter When the church of Suterina, On the possession of the case, and properly where the gloss tones on these actions, and On judgments, chapter Errata, and in the said law 2, Digest If a servitude be vindicated.

¶ The action for dividing common property is given between those who, without a partnership nor from an hereditary cause, have something in common so that it may be divided, according to Placentinus and Azo. It has a place, this action, between those to whom some common thing belongs, not by partnership nor by inheritance, to this end: that that thing may be divided. Also, if that thing is common from a contract of partnership, this action has a place, Digest On loan, law 1. And of this action, Digest On judgments, law "In things", otherwise "In three".

¶ The action of hire competes to him who hired a piece of land, an estate, or a house from the locator or the lessor, and it competes to him for this end: that it may be permitted to him to inhabit or to have in use the hired thing; it also competes against the lessor if he made any useful or necessary expenses there.

¶ A direct action is when something is directly sought internally, as from a loan or deposit and the like.

¶ A useful action is that which is given not from any direct law but usefully and from equity, it is sought, and the Publician action protecting possessors who have not yet met the requirements for usucaption and the like, according to Placentinus and Azo. Of this useful action, it is held and noted, Digest On the business of another, law "Action" and Digest If anything is given, law 1, "Per mile". And note that a direct and a useful action are of the same effect, as in law "Action" there, and in law "They differ", although according to some they differ, as noted in law "From legacy", Code On laws, and fully by Azo, law 1, Code On actions and obligations. Whence a direct one is given according to the words and the mind.