Conclusiones ex tit. D. de rei vindicatione

whether he was ignorant of it, regarding feudal rights, and he is forced to allow the vassal who won to hold the opened fief.

18. Furthermore, anyone having the capacity of restoring the thing, such as a tenant, a lessee, a depositary, etc., is bound by this action.

19. For such possession or detention, although it does not suffice for usucaption, suffices for an action in rem.

20. I think this is because an action in rem is not directed against a person, but against the thing itself, and it is said that the thing, not the person, is summoned.

21. Also, one who neither possesses nor holds the thing is bound by this action if he nevertheless ceased to possess it through fraud or fault even before the lawsuit was contested.

22. But also, one who neither possesses nor ceased to possess through fraud or fault, if he nevertheless confesses possession and offers himself to the lawsuit, will be bound by vindication, unless he desists before the lawsuit is contested.

23. For he will suffer this penalty for his lie, of which the plaintiff, however, may be unaware.

24. Finally, although someone may not have possessed at the time the lawsuit was contested, if he begins to possess afterwards before the sentence, he will be condemned.

25. As, on the contrary, if he possessed at the time the judgment was accepted, but afterwards ceased to possess without malicious fraud, he will be absolved.

26. This proceeds even if the thing had previously been made worse by him, which afterwards perished through his own fault for another reason.

27. Whence it is to be gathered that a supervening event purges and removes the fault that had preceded.

28. In this case, however, it must be said that the action of the Lex Aquilia Roman law on property damage remains.

29. Furthermore, it matters not whether the thing that is being vindicated is movable or immovable.

30. But also incorporeal things and rights, as are servitudes, etc.